This is a default order in Criminal Appeal No.1583 of 2018 filed under Section 378(4) CrPC. The appellant failed to comply with office objections despite a week's time granted on 11.10.2022. The Court dismissed the appeal for default.
Apco setting aside of order dated 12.01.2018 dismissed for default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1583 OF 2018
BETWEEN:
SMT H MAMATHA W/O LATE K R RAJANNA AGED ABOUT 37 YEARS, RESIDING AT: #336, 1ST FLOOR, MEGALABEEDI, THUPPADA ANJANEYA TEMPLE, NEAR DR.RAJKUMAR CIRCLE, KENGERI, BANGALORE - 560 060.
......COMPLAINANT/APPELLANT
(BY SRI. K.LAKSHMIKANTH, ADVOCATE - ABSENT)
AND:
SRI BHARAT V @ BHARATH VENKATACHALA N S/O LATE VENKATACHALAPATHI N AGED ABOUT: 31 YEARS, RESIDING AT: #93, 8TH MAIN, 2ND BLOCK, JAYANAGAR, BANGALORE - 560 011.
...ACCUSED/RESPONDENT
THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 12.01.2018 PASSED BY THE LEARNED XIXTH ACMM, BANGALORE IN C.C.NO.8430/2016 AND RESTORE THE SAME TO THE ORIGINAL FILE AND PASS SUCH NECESSARY
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ORDER AS THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
No representation for appellant.
afternoon session.
granted to comply with the office objections, with a condition that if office objections are not complied with, the matter would be dismissed for non prosecution.
Hence, appeal is dismissed for default for not
complying with the office objections.
Sd/-
JUDGE
RR
1 issue framed by the court
Whether the criminal appeal should be decided on merits when the appellant failed to comply with the one-week time granted to address office objections.
1 provisions across 1 enactments
SMT H MAMATHA W/O LATE K R RAJANNA
SRI BHARAT V
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
