IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1934 OF 2025

BETWEEN:

G. SHARASCHANDRA

S/O LATE K.H. GOVINDARAJU

AGED ABOUT 58 YEARS

R/AT NO.43-E, 14TH MAIN ROAD

VIJAYANAGAR, BENGALURU - 560 040.

…PETITIONER

(BY SRI RAVINDRA B.S, ADV.-ABSENT)

AND:

CHANDRASHEKAR

S/O LATE ANJANAPPA

AGED ABOUT 62 YEARS

R/AT NO.428, 13TH MAIN ROAD

OPP VIJAYANAGARA POST OFFICE VIJAYANAGAR, BANGALORE - 40.

…RESPONDENT

THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W

Digitally

signed by SEC.442 BNSS) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND

NANDINI M S

Location: ORDER DATED 06.11.2025 PASSED BY THE LII ADDL CITY CIVIL AND

HIGH COURT

OF

SESSIONS JUDGE BENGALURU CITY IN CRL.A.NO.1977/2024 AND

KARNATAKA

CONFIRM JUDGMENT AND ORDER DATED 28.10.2024 PASSED IN C.C.NO.3007/2023 BY THE XXIII ADDL CJM BENGALURU CITY

AGAINST RESPONDENT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Matter called thrice. There is no representation on behalf of the petitioner.

2. Registry has raised an office objection with regard to maintainability of this Criminal Revision Petition filed under Section 438 of BNSS, 2023.

3. Perusal of the material on record would go to show that respondent/accused, who was convicted by the Trial Court in CC No.3007/2023 was acquitted by the Appellate Court in Crl.A.No.1977/2024 disposed off on 06.11.2025. As against the judgment and order of acquittal passed in Crl.A.No.1977/2024 by the Appellate Court, the petitioner ought to have filed an appeal as provided under Section 419 (4) of BNSS, 2023 and therefore, the Registry is justified in raising an office objection with regard to maintainability of this Criminal Revision Petition.

According, the following order:-

4. Criminal Revision Petition is dismissed as not maintainable with liberty to the petitioner to file an appeal in accordance with law.

5. Registry is directed to return certified copy of the documents to learned counsel for the petitioner after retaining a photocopy of the same.

Sd/-

(S VISHWAJITH SHETTY)

JUDGE DN List No.: 1 Sl No.: 12