High Court of Karnataka dismissed a criminal appeal filed under Section 378 CrPC for non-prosecution, noting the appellant had failed to prosecute the appeal despite prior notice.
The Criminal Appeal was dismissed for non-prosecution.
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 9TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1774 OF 2019
BETWEEN:
SRI. PRAKASH YADAV S/O GANESHA AGED ABOUT 42 YEARS R/A NO.10 FLAT NO.T-2, BUILDFINA NANDINI, 2ND CIRCULAR ROAD DOLLORS SCHEME AREA NANDINI LAYOUT BENGALURU - 560 096 ...COMPLAINANT/APPELLANT (BY SRI GIRISH M.K., ADVOCATE - ABSENT )
AND
SRI. RAGHU. K S/O KALYANAPPA AGED ABOUT 32 YEARS K R STORE, M G ROAD NEAR BASAVANNA TEMPLE RAMANAGARA TOWN RAMANAGARA DISTRICT PIN: 571 511
......ACCUSED/RESPONDENT
THIS CRIMINAL APPEAL FILED U/S 378 (4) OF CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO i) EXAMINE THE LEGALITY, PROPRIETY AND CORRECTNESS OF THE PROCEEDINGS AND THE IMPUGNED JUDGMENT DATED 30.04.2019 PASSED IN C.C.NO.20469/2016 ON THE FILE OF THE VI ADDL. SMALL CAUSES JUDGE & XXXI ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY; ii) SET ASIDE THE JUDGMENT DATED 30.04.2019 PASSED IN
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C.C.NO.20469/2016 ON THE FILE OF THE VI ADDL. SMALL CAUSES JUDGE & XXXI ADDL. CHIEF METROPOLITAN MAGISTRTE, BENGALURU CITY AND PUNISH THE RESPONDENT AND CONVICT THE RESPONDENT IN ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, AND IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
No representation for appellant.
Accordingly, appeal is dismissed for non-prosecution.
Sd/JUDGE
RR
Sri. Prakash Yadav
Sri. Raghu. K
J.M. Khazi
As recorded by the court registry
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