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2025 Supreme(Online)(Kar) 19560

KARNATAKA HIGH COURT
MR. JUSTICE SHIVASHANKAR AMARANNAVAR, J
MR. VIJAYANDRA, S/O. GAJENDRAIAH – Appellant
Versus
STATE OF KARNATAKA BY RURAL POLICE STATION, RAMANAGARA – Respondent
CRIMINAL REVISION PETITION NO. 557 OF 2024



Advocates:
For the Appellants/Petitioners: SRI. AJAY PRABHU M
For the Respondents: STATE PUBLIC PROSECUTOR

The court allows the withdrawal of a revision petition, affirming that procedural shortcomings do not preempt access to appropriate judicial relief.

Headnote:This case examined the procedure under Section 397 read with Section 401 of the Criminal Procedure Code. The petitioners sought to dismiss an order made by the lower court due to its non-maintainability. The court, recognizing the liberty to appeal before an appropriate forum, dismissed the criminal revision as withdrawn. The core issues included the jurisdiction of the court concerning the revision petition. The court asserted that procedural missteps do not bar the petitioners from seeking relief appropriately.

Result: This Criminal Revision Petition is dismissed as withdrawn with liberty as prayed for.

ORAL ORDER

Learned counsel for the petitioners files a memo seeking withdrawal of this Criminal Revision Petition with liberty to approach appropriate forum/Court.

2. The memo reads thus:

"The counsel for petitioner upon instructions submit in view of the non maintainability of above revision petition before this Hon'ble Court, the petitioners seek appropriate liberty to challenge impugned order before appropriate forum. In view of the above, the above memo may kindly be taken on record in the interest of justice and equity".

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