IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL APPEAL NO.2179/2018 BETWEEN:
Sri. Mohammed S/o Late Hasanabba, Aged about 65 years, R/at Sajida Cottage, Kaikamba Post, Kinnikambla, Mangaluru, D.K. ...Appellant (By Sri. Shridhar K Rao, Advocate - Absent) AND:
Sri. Abdul Salam, S/o. Late B.H. Shekabba, Aged about 52 years, R/at Thayyil Apartments, Amrith Nagar, Pandeshwar, Mangaluru. ... Respondent This Criminal Appeal is filed under Section 374(2) Cr.P.C. praying to set aside the impugned order dated 22.11.2018 passed by the II Additional District and Sessions Judge, D.K. Mangaluru in Crl.RP.No.04/2009 and set aside the order dated 01.09.2008 passed by the V JMFC, Mangaluru in C.C.No.827/2006 and dismiss the complaint of the respondent/complainant-
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convicting the appellant/ accused for the offence p/u/s 397 and 399 of Cr.P.C.
This Criminal Appeal coming on for Orders, this day, the Court delivered the following:
J U D G M E N T Perused the office objection.
2. Learned Counsel for the appellant remained absent.
3. On perusal of the records it is clear that, a Criminal Revision Petition lies and not an appeal against the order passed by the II Addl. District & Sessions Judge, D.K.Mangaluru. In that light, Registry is directed to convert the present Criminal Appeal into Criminal Revision Petition and after compliance of office objection, post for necessary orders.
4. Registry is directed to give a new number in Criminal Revision Petition and for statistical purpose, close the number given in Criminal Appeal.
SSD Sd/- JUDGE