Criminal Appeal filed in 2018 where appellant failed to comply with multiple office objections over five years. Absence of counsel was recorded. Court dismissed appeal for non-prosecution and failure to comply with registry observations.
The Criminal Appeal stands dismissed for non-prosecution and for non-compliance of office objections.
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NC: 2023:KHC:45373-DB CRL.A No. 1234 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
CRIMINAL APPEAL NO. 1234 OF 2018 (A)
BETWEEN:
Sri. Swamy S/o Basavaraj Aged about 30 years Occupation : Agriculture R/at Kenchanahalli Basaral Hobli, Mandya Taluk and District Mandya – 571 401.
…Appellant
(By Sri. Prasanna Kumar P. Daroji, Advocate)
AND:
Digitally signed by D HEMA Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:45373-DB CRL.A No. 1234 of 2018
Both residing at Muttegere village, Basaralu Hobli, Mandya Taluk and District – 571 401
…Respondents
(HCGP - Served)
This Criminal Appeal is filed under Section 378(4) of Cr.P.C. praying to set aside the order of acquittal dated 31.10.2017 passed by the V Additional District and Sessions Judge, Mandya in S.C.No.91/2015 acquitting the respondent/ accused for the offences punishable under sections 143, 147, 148, 504, 341, 323, 324, 307, 302, 120-B, 114 and 506 read with Section 149 of IPC.
This Criminal Appeal coming on for Orders, through physical hearing/video conference this day, DR. H.B.PRABHAKARA SASTRY, J., made the following:
ORDER
Called again in the third round in the afternoon.
present physically nor through video conferencing. No
reasons are forthcoming for non-appearance of the learned counsel for the appellant.
appeal is of the year 2018. Inspite of granting several and sufficient opportunities by this Court, of not less than four (4) times, the appellant has not complied the office objections raised by the registry. A perusal of the office objections go to show that, the office objections are very trivial in nature, hardly, taking any time for the appellant to comply the office objections. Inspite of the same, the appellant has not complied the office objections. Thus,
from the date of filing of the appeal, till date, more than five (5) years five (5) months have elapsed, still the appellant has not complied the office objections and ensured the maturity of the appeal for its first hearing, after compliance of the
NC: 2023:KHC:45373-DB CRL.A No. 1234 of 2018
office objections. Under the said circumstance, this Court on 06.12.2023 has made the following observation:
“None appears for the appellant.
A week’s time is granted to comply the office objections as a last and final chance, failing which, appropriate order will be passed in the next date of hearing.
List this matter on 13.12.2023”.
said circumstance, we are of the view that the appellant is
not interested in prosecuting the appeal, as well for
complying the office objections, since the appeal is not even ripen and for its first hearing and it is at the stage of compliance of office objections only, there is no embargo for dismissing the appeal for non-prosecution. Accordingly, the appeal stands dismissed for nonprosecution as well as for non-compliance of office objections.
Sd/JUDGE
Sd/JUDGE
DH
List No.: 1 Sl No.: 3
2 issues framed by the court
Whether the appeal should be dismissed for non-prosecution and non-compliance of office objections.
What constitutes sufficient notice periods for compliance in a pending criminal appeal.
Sri. Swamy S/o Basavaraj
State of Karnataka
Channakeshava @ Channegowda
Lata W/o Late Channanakeshavva
Komala W/o Kumara
DR. H.B.PRABHAKARA SASTRY
MR. UMESH M ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
