Sri Mallemahadeswara Kshethra v. Sri Jayaramu
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.853 OF 2019
BETWEEN:
SRI MALLEMAHADESWARA KSHETHRA DEVELOPMENT AUTHORITY, MAHADESHAWRA HILLS, KOLLEGALA TQ, CHAMARAJANGAR DISTRICT,
REP BY IT SECRETARY, (PREVIOUSLY TEMPLE RESPRESENTED BY THE EXECUTIVE OFFICER, SRI.MALLEMAHADESWRA SWAMY, DEVASTHANAM
… COMPLAINANT/APPELLANT (BY SRI. CHANDRAKANTH R GOULAY, ADVOCATE)
AND:
SRI JAYARAMU S/O KRISHNAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.180, 5TH CROSS, JYOTHINAGAR, CHANDRA LAYOUT, BENGALURU - 560 072.
...ACCUSED/RESPONDENT
THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE THE JUDGMENT PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC AT KOLLEGALA IN C.C.NO.111/2012
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DATED 16.10.2018 AND TO PASS APPROPRIATE SUITABLE ORDERS IN THE INTEREST OF JUSTICE AND EQUITY; b) PASS ANY OTHER ORDER OR ORDERS AS DEEMED FIT AND PROPER BY THIS HON'BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant submits that
respondent/accused is reported to be dead.
Since this appeal is against the acquittal of respondent, the appeal abates with the death of the respondent/accused.
Hence, appeal is dismissed as abated.
Sd/JUDGE
MDS
SRI MALLEMAHADESWARA KSHETHRA DEVELOPMENT AUTHORITY
SRI JAYARAMU S/O KRISHNAPPA
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court