A criminal appeal under Section 378(4) Cr.P.C. was dismissed against consent because the appellant failed to appear after service of notice, appearing uninterested in prosecuting the matter.
Appeal against acquittal dismissed due to absence of appellant despite service of notice.
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.
Crl.A.No.170/2016
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY 2022
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL No.170/2016
BETWEEN :
SMT V.R. JANAKI W/O V. RAJU AGED ABOUT 52 YEARS R/AT BALLYAMUNDOOR VILLAGE & POST KODAGU DISTRICT - 571 201
… APPELLANT
(SMT V.R.JANAKI, APPELLANT SERVED [ABSENT])
AND :
HEAD CONSTABLE
Crl.A.No.170/2016
2
SRIMANGALA POLICE STATION VIRAJPET TALUK - 571 201
… RESPONDENTS
(BY SRI B.VISWESWARAIAH, ADVOCATE FOR R1 TO R4; VIDE ORDER DATED 19.02.2021 APPEAL STANDS DISMISSED AGAINST R5;
SRI T.A.KARUMBAIAH, ADVOCATE FOR R6)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 07.12.2015 PASSED BY THE CIVIL JUDGE AND JMFC, PONNAMPET IN PCR NO.NIL/2015 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 119, 120, 120(b), 166, 447, 448, 453, 458, 399, 380 R/W 34 OF IPC.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:
JUDGMENT
Despite service of notice, the appellant has not turned up. This is an appeal against the dismissal of the complaint filed by the appellant under Section 200 of Cr.P.C. before the magistrate. It appears that the
Crl.A.No.170/2016
3
appellant is not interested in prosecuting the matter.
Therefore, the appeal is dismissed.
Sd/JUDGE
pgg
1 provisions across 1 enactments
V.R. JANAKI
SRIDHARA
DODDAIAH
GANAPATHI P.C.
PAPAIAH
YOGESH P.C.
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
