This criminal appeal under the National Investigation Agency Act was heard by the High Court. The appellant filed a memo for withdrawal of the appeal. The Court permitted the withdrawal and granted liberty to approach the Sessions Court as sought.
Appeal withdrawn; liberty granted to approach the Sessions Court.
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 7TH DAY OF NOVEMBER, 2022
PRESENT
THE HON’BLE MR.JUSTICE K.SOMASHEKAR
AND
THE HON’BLE MR. JUSTICE C.M.JOSHI
CRIMINAL APPEAL NO.1899 OF 2022
BETWEEN:
Smt. J. Vanitha @ Thangam W/o Jagannathan Aged 52 yeas R/at No.F-38 L.N. Building, 2nd Floor 3rd Cross, 4th Main Road Near Bramhanand Mutt Dayananda Nagar Ramachandrapuram Bengaluru – 560 021.
...Appellant
(By Sri. Balakrishnan - Advocate)
AND:
State of Karnataka By National Investigating Agency Bengaluru Rep. by Sri. P. Prasanna Kumar SPP for NIA cases High Court of Karnataka Bengaluru – 560 001.
...Respondent
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This Criminal Appeal filed under Sec.21(4) of the National Investigation Act, by the Advocate for the appellant praying to set-aside the order passed by the trial court on 05.06.2021 in Spl.C.C.No.785/2018 (FIR No.RC-26/2018/NIA/DLI) on the file of NIA for offences punishable under Sections 489B, 489C, 120B and 34 of IPC pending on the file of XLIX-Addl. City Civil and Sessions Judge (Special court for trial of NIA) at Bengaluru and grant bail by allowing this appeal.
This criminal appeal coming on for Orders this day, K Somashekar .J ., delivered the following:
J U D G M E N T
Learned counsel Sri.Jagan Babu for the appellant
is present before the Court and represents counsel Sri.S Balakrishnan who is on record.
In this matter counsel has filed memo for withdrawal and also seeks liberty to approach the Sessions Court where the case in Spl.C.C.No.785/2018 arising out of FIR No.R.C-26/2018/NIA/DLI which is pending for the offences which are incorporated in the operative portion of the order.
Therefore, memo is placed on record. Consequently, appellant is permitted to withdraw the
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appeal as sought for. Liberty is also granted in
accordance with law.
Sd/JUDGE
Sd/JUDGE
RJ
2 issues framed by the court
Whether to permit the withdrawal of the criminal appeal filed under Sec.21(4) of the National Investigation Act.
Whether to grant liberty to the appellant to approach the Sessions Court.
1 provisions across 1 enactments
Smt. J. Vanitha @ Thangam
State of Karnataka
K. Somashekar
C.M. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
