Two criminal appeals under Section 374(2) Cr.P.C. were heard where counsel appeared on behalf of the appellants to withdraw them, citing being informed of earlier disposed-of appeals. The court held the instant appeals were not maintainable.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 26TH DAY OF NOVEMBER 2020
PRESENT
THE HON’BLE MR. JUSTICE G.NARENDAR
AND
THE HON’BLE MR. JUSTICE M.I.ARUN
Crl.A.No.100322/2020 c/w Crl.A.No.100269/2020
In Crl.A.No.100322/2020: BETWEEN:
Ishwar S/o.Yallappa Sunkad, Age 34 years, Occ: Agriculture, R/o.: Konnur, Tq.: Nargund, Dist.: Gadag-582 206, Dist.: Bagalkot.
… Appellant (BY SRI. Vishnu G.Bhat, ADVOCATE)
AND: The State of Karnataka, R/by the Station House Officer, Nargund Police Station, Nargund-582 207, Dist.: Gadag, Through Addl. State Public Prosecutor, High Court, Dharwad Bench, Dharwad.
… Respondents
(By Shri G.K. Hiregoudar, GA)
This Crl.A. is filed u/S.374(2) of the Cr.P.C. prayed that the judgment and order passed by the learned Prl. District and Sessions Judge, Gadag in S.C. No.05/2011,
dated 12.11.2014, may kindly be set aside. Since 2010, the appellant/accused No.32 is languishing in imprisonment. The set of period u/S.428 of Cr.P.C. may kindly be granted and the appellant/accused No.2 may kindly be ordered for acquittal.
In Crl.A.No.100269/2020: Between:
Laxman S/o.Yallappa Sunkad, Age 47 years, Occ: Agriculture, R/o.: Konnur, Tq.: Nargund, Dist.: Gadag-582 206, Dist.: BAgalkot-587 201.
… Appellant
(By Shri Vishnu Bhat, Advocate)
And: The State of Karnataka, R/by the Station House Officer, Nargund Police Station, Nargund-582 207, Dist.: Gadag, Through Addl. State Public Prosecutor, High Court, Dharwad Bench, Dharwad.
… Respondent
(By Shri G.K. Hiregoudar, GA)
This Crl.A. is filed u/S.374(2) of Cr.P.C. praying to call for the records and it is most humbly prayed that, since 2010 the appellant / Accused is languishing in imprisonment and the set off period under Section 428 of Cr.P.C. may kindly be granted and the appellant/accused may kindly be ordered for acquittal.
These appeals coming on for orders, this day, G.Narendar, J., delivered the following:
JUDGMENT
On the last occasion, the learned Additional SPP has placed on record the copy of the judgment passed in Crl.A.No.100230/2014 c/w Crl.A.No.100231/2014 which came to be heard and disposed of by the Co-ordinate Bench in the judgment dated 13.04.2020 and the appellants in Crl.A.100231/2014 are the 1st , 2nd and 3rd accused in S.C.No.5/2011.
appeals are not maintainable. Accordingly, memo is taken on record, appeals are dismissed as withdrawn.
SD/JUDGE
SD/JUDGE
MH/-
Ishwar S/o.Yallappa Sunkad
Laxman S/o.Yallappa Sunkad
The State of Karnataka
G.Narendar
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
