The High Court dismissed the criminal appeal filed under S.14(A)(2) of the SC/ST (POA) Act. The court granted liberty to the appellants to revive the appeal if the Investigating Officer's 'B' report filed in the underlying case is set aside.
Criminal appeal dismissed with liberty to revive if 'B' report is set aside.
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NC: 2023:KHC:26923 CRL.A No. 1192 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1192 OF 2022
BETWEEN:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDING AT SOUDHAMINI, LAKSHMI NILAYA PANJA, IVATHOKLU VILLAGE SULLIA TALUK D.K.DISTRICT- 57.
…APPELLANTS
(BY SRI K RAVISHANKAR, ADVOCATE)
AND:
NC: 2023:KHC:26923 CRL.A No. 1192 of 2022
S/O MADHAVA MADIVALA AGED ABOUT 24 YEARS,
BOTH ARE RESIDING AT MADHU FANCY RAMA NILAM COMPLEX PANJA, IVATHOKLU VILLAGE SULLIA TALUK D.K.DISTRICT-57.
…RESPONDENTS
(BY SRI RENUKA RADHYA R D, HCGP FOR R1 SMT. SUDHA D, ADVOCATE FOR R2 & R3)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 06.04.2022 PASSED IN CRL.MISC.No.5071/2022 IN RELATION TO CR.No.35/2022 REGISTERED BY THE 1ST RESPONDENT FOR THE OFFENCE P/U/S 323, 504, 506 OF IPC AND SECTION 3(1)(r), 3(1)(s) OF SC/ST (POA) AMENDMENT ACT PENDING ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR AND CONSEQUENTLY DISMISS THE CANCELLATION OF BAIL.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
that the Investigating Officer has filed ‘B’ report in Crime No.35/2022 of Subramanya Police Station.
if ‘B’ report is filed and if it is challenged by the complainants by filing a protest petition and if the said protest petition is allowed and the ‘B’ report is rejected, then the appellants, who are the complainants, be at liberty to revive this appeal.
appellants is taken on record.
Sd/JUDGE
GH
List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the criminal appeal under S.14(A)(2) of SC/ST (POA) Act should be dismissed with liberty to revive if 'B' report is set aside.
1 provisions across 1 enactments
Smt. Veena W/o Monappa Naik
Monappa Naik
The State of Karnataka
Sri. Madhava Madivala
Bharath Kumar M.P.
Shivashankar Amananna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
