The High Court of Karnataka dismissed the criminal appeal as abated due to the death of the respondent, holding that an appeal against acquittal abates upon the death of the accused.
Appeal dismissed as abated; pending interlocutory applications dismissed.
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 10TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.90 OF 2017
BETWEEN:
SRI B RAGHAVENDRA REDDY S/O. OBALA REDDY, AGED ABOUT 58 YEARS, R/AT NO. 245, 1ST 'B' CROSS, 3RD CROSS, OPP: PRINT FAB, JAKKASANDRA (NEW EXTENSION), KORAMANAGALA, BENGALURU - 560 034
… COMPLAINANT/APPELLANT
(SRI. B.RAGHAVENDRA REDDY-APPELLANT - ABSENT)
AND:
SRI A ARPUTHARAJ SON OF LATE. AZHARIA, AGED ABOUT 66 YEARS, R/A NO.59, 4TH CROSS, NARASIMHA REDDY LAYOUT, BOMMANAHALLI POST, BANGALORE - 560 068
...ACCUSED/RESPONDENT
(BY SRI. PATTABIRAMAN & V MURALI PRASAD, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE THE IMPUGNED JUDGMENT AND ACQUITTAL ORDER PASSED BY THE LEARNED PRESIDING OFFICER, FAST TRACK COURTIV, BANGALORE IN CRL. APPEAL NO.394/2013, DATED 16.09.2014 AND THEREBY CONFIRM THE JUDGMENT OF CONVICTION PASSED BY THE LEARNED XIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BANGALORE, IN
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C.C.NO.14018/2009 DATED 29.06.2013; b) ALLOW THIS CRIMINAL APPEAL WITH EXEMPLARY COSTS, TO MEET THE ENDS 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
On 17.02.2020, learned counsel for the appellant
has filed a memo of retirement wherein he has referred to the death of the respondent.
In view of dismissal of the main appeal, all pending interlocutory applications do not survive for
consideration. Accordingly, they are dismissed.
Sd/JUDGE
MDS
SRI B RAGHAVENDRA REDDY S/O. OBALA REDDY
SRI A ARPUTHARAJ SON OF LATE. AZHARIA
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
