IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1513 OF 2018 BETWEEN:
Usha Devi, W/o Sridhar, Aged about 45 years, R/o Shikaripura Taluk – 577 427, Shivamogga District.
(By Sri.V.V.Gunjal, Advocate) AND:
H.N.Naveen Kumar, S/o Nagappa, About 47 years, R/o Channakeshavanagara, Shikaripura Taluk – 577 427, Shivamogga District.
… Appellant … Respondent This Criminal Appeal is filed under Section 378 of Cr.P.C. praying to allow this Criminal Appeal and modify the judgment and order dated 04.06.2018 passed by the Hon’ble Senior Civil Judge and JMFC, Shikaripura in C.C.No.12/2017 (Old No.502/2016) and convict the accused persons.
This Criminal Appeal coming on for orders this day, the Court made the following:
ORDER Heard learned counsel for the appellant on I.A.No.1/19 filed under Section 482 of Criminal Procedure Code, seeking permission to convert this Criminal Appeal into Criminal Petition under Section 482 of the Criminal Procedure Code (for brevity hereinafter referred to as “Cr.P.C.”).
2. According to the appellant/applicant the present appeal filed by him neither under Section 378 nor Proviso to Section 372 of Cr.P.C. would be attracted in the case. As such, he has to file Criminal Petition under Section 482 of Cr.P.C. for which purpose he needs conversion as prayed for.
3. Considering the above submission, I.A.No.1/19 is allowed, however, subject to condition as to the objections, if any, raised by the office regarding the maintainability of even the Criminal Petition also.
4. Accordingly, the Criminal Appeal is permitted to be converted into Criminal Petition under Section 482 of Cr.P.C., however, subject to the office objection after scrutiny afresh.
Sd/-
JUDGE Psg*