The appellant State withdrew a criminal appeal against a judgment of acquittal filed under Section 378 Cr.P.C, as the State was deterred from pursuing the matter.
Permission granted to the appellant State to withdraw the criminal appeal.
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CRL.A No. 2060 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE C M JOSHI
CRIMINAL APPEAL NO. 2060 OF 2022
BETWEEN:
Digitally signed by D K BHASKAR Location: High Court of Karnataka
THE STATE OF KARNATAKA THROUGH ASSISTANT SUB-INSPECTOR, KARKALA SUB DIVISION, (AJEKAR POLICE STATION) REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.
…APPELLANT
(BY SRI. ABHIJIT K.S. - HCGP)
AND:
CRL.A No. 2060 of 2022
RESPONDENTS NO.1 TO 3 ARE R/AT MALLIGE MANE, HADIYANGADI, SHIRLAL VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574104
…RESPONDENTS
THIS CRL.A. FILED U/S.378(1) AND (3) CR.P.C BY THE HCGP FOR THE STATE PRAYING THAT THIS HONORABLE COURT MAY BE PLEASED TO: A) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 25.10.2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI IN S.C.NO.9/2014 ACQUITTING THE RESPONDENTS FOR THE OFFENCE P/U/S.498-A,304-B,306 R/W SEC.34 OF IPC AND SEC.4 OF DP ACT 1961; B) SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 25.10.2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI IN S.C.NO.9/2014 ACQUITTING THE RESPONDENT FOR THE CHARGED OFENCE BY ALLOWING THIS CRIMINAL APPEAL; AND C) CONVICT AND SENTENCE THE RESPONDENTS NO.1 TO 4 RESPONDENT FOR THE OFFENCE P/U/S.498-A, 304-B, 306 R/W SEC.34 OF IPC AND SEC.4 OF DP ACT 1961 AS PER THE CHARGES FRAMED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE UDUPI IN S.C.NO.9/2014.
THIS CRIMINAL APPEAL, COMING ON FOR ‘ORDERS’, THIS DAY, K. SOMASHEKAR .J ., DELIVERED THE FOLLOWING:
CRL.A No. 2060 of 2022
JUDGMENT
Learned HCGP for State in this matter submitting that the appellant / State is not inclined to persuade this appeal. To that effect a memo has been filed in detail. It is stated in the memo that by oversight the State has filed Crl.A.No.2060/2022 and Crl.A.No.2040/2022 against the same judgment of acquittal in SC No.9/2014.
The memo is placed on record. Consequently, keeping in view the submission made by learned HCGP and so also, reasons assigned in the memo, the appellant / State is permitted to withdraw the appeal as sought for.
Sd/JUDGE
Sd/JUDGE
DKB
THE STATE OF KARNATAKA
ASHOK KUMAR JAIN
YUVARAJA HEGDE
SMT INDIRA
SMT JYOTHI JAIN
K. Somashekar
C M Joshi
As recorded by the court registry
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