Daijiworld Media Network - Bengaluru (SP)
Bengaluru, Feb 10: The division bench of the state high court (HC), on Monday February 9, dismissed an appeal preferred by Sri Raghaveshwara Bharathi Swamijii of Hosanagar Ramachandrapur Math, against the single judge bench order that had declined the appeal.
The Swamiji had, through the appeal, sought dismissal of rape case filed against him by a Ramakatha singer, Premalata Shastri.
'In law, there is no provision for filing appeals in the high court relating to criminal cases. In the light of this, the decision arrived at by the single judge bench in this case is found to be justified. There is no scope for filing review petition before the division bench. However, the appeal could have been filed in the Supreme Court. As the appeal is beyond the jurisdiction of the division bench, this appeal is being dismissed,' said HC division bench comprising Justice Anand Byrareddy and Justice N Anand.
The bench observed that of late, several revision petitions are being filed, seeking dismissal of first information reports, investigation, or final investigation report. As a result, the HC faces complexities about the jurisdictional issue. Lawyers for the petitioners are failing to convince the HC that criminal cases can be dismissed through revision petitions. The appeal filed by Swamiji stands as a good example for this observation,' the bench said in its order.
It may be recalled that the Swamiji has been seeking dismissal of rape case registered against him, arguing that the case does not have any substance, and that it has been filed with malicious intentions and as a measure of a larger conspiracy to sully his reputation.