The High Court of Karnataka dismissed the criminal appeal as abated because the appellant was reported to have died prior to the date of the order, and no application to bring in legal representatives was filed.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.555 OF 2018
BETWEEN:
SRI. NAGARAJU S/O LATE GURAPPA, AGED ABOUT 60 YEARS, R/AT NO.80, 27TH CROSS, 13TH MAIN, 4TH BLOCK, EAST JAYANAGAR, BENGALURU - 560 011.
...COMPLAINANT/ APPELLANT
(BY SRI. RAJENDRA V.G., ADVOCATE (ABSENT))
AND
...ACCUSED/ RESPONDENTS
(BY SRI. P. CHANDRA KUMAR, ADVOCATE FOR R1 & R2)
2
THIS CRIMINAL APPEAL FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 18.01.2018 PASSED BY THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN SPL. C.C. NO.94/2016 AND CONSEQUENTLY RESTORE THE SPL. C.C. NO.94/2016 ON THE FILE OF II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
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 the appellant.
On 09.03.2021, a submission was made by the learned counsel for the respondent that appellant is no more. It appears that no application is filed to bring the legal representatives. Since the death was reported on 09.03.2021, already the appeal is abated.
Hence, appeal is dismissed as abated.
In view of dismissal of the appeal, pending interlocutory applications do not survive for consideration and accordingly, they are dismissed.
Sd/JUDGE
LL
Sri. Nagaraju S/o Late Gurappa
Sri. Battaiah S/o Bettegowda
Sri. Krishnamurthy S/o Rannana
J.M.Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
