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Judgment
M G Uma, J
The order sheet dated 04.02.2026 reads as under:
"Learned counsel for the petitioner is absent. No representation.
Learned counsel for the respondent submits that the criminal petition is not maintainable as the petitioner is seeking to set aside the judgment passed by the Co-ordinate Bench in Crl.A.No.893/2017. It is noticed that even the office has raised objection regarding maintainability of the petition.
In view of the same, I do not find any reason to keep the petition pending when prima-facie the same is not maintainable.
However, to afford opportunity to the petitioner or his counsel to convince the Court regarding maintainability of the petition and also on merits, list on 06.02.2026.
I.A.No.1 of 2022 seeking interim order of stay is dismissed."
Sri. Amar Gowda. K.S, learned counsel submits that he is representing the petitioner as Sri. Manjunath D.M, learned counsel on record is no more.
Heard Sri. Amar Gowda. K.S, learned counsel for the petitioner and Sri. Ramachandra, learned counsel for respondent.
The petitioner being accused is seeking to recall the judgment dated 10.12.2020 passed in Crl.App.No.893/2017 by the Co-ordinate Bench of this Court by confirming the judgment of conviction and order of sentence dated 28.03.2017 passed in CC.No.11795/2013 by the XVIII ACMM, Bengaluru.
Virtually, the petitioner - accused is seeking to set aside the judgment passed by the Co-ordinate Bench in Crl.App.No.893/2017 by filing criminal petition which is not permissible under law.
Hence, the petition is dismissed as the same is not maintainable.