IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR RPFC No.108 OF 2019 BETWEEN Sri. H.S.Nandeesh Preetham, S/o. Late H.S.Shankaralinge Gowda, Aged about 39 years, R/o. No. MIG 13, Ground Floor, Maruti Temple Road, Gangothri Layout, Mysuru.
(By Sri. H.S.Amshith Hegde, Advocate) AND 1. Smt. Naidele H.V., S/o. H.S.Nandeesh Preetham, Aged about 35 years, 2. Kum. Eshanvi M.N., D/o. H.S.Nandeesh Preetham, Aged about 8 years, Both are R/o. No.82, Janaka Smruthi House, 4th Stage, T.K.Layout, Kuvempunagara, Mysuru.
…Petitioner …Respondents This RPFC is filed under Section 19(4) of the Family Court Act, 1984 praying to call for the lower court record and allow this petition setasiding the order dated 16.04.2016 in C.MIS.No.125/2014 in the file of 1st Additional 1st Civil Judge and JMFC, Mysuru and order dated 27.11.2017 in Cri.Appeal No.84/2016 on the file of V Additional District and Sessions Judge at Mysuru and etc.
This RPFC coming on for orders, this day, the Court made the following :
ORDER The petitioner’s counsel has filed a memo seeking conversion of this revision petition into criminal revision petition under Section 397 of Cr.P.C. On perusal of the impugned order it is found that the petitioner has challenged the judgment in criminal appeal No.84/2016 on the file of 5th Addl. District and Sessions Judge, Mysore. Against judgment in a criminal appeal, revision under Section 397 Cr.P.C. lies. Therefore Registry is directed to convert this revision petition into criminal revision petition under Section 397 of Cr.P.C.
Sd/- JUDGE sd