Dismissed

Sri. Suresh Babu v. State by Anti Corruption Bureau

Karnataka HC11 Aug 2023CRL.A/1380/2023

Case brief

AI extract

What is this about?

The Constitution Bench dismissed a criminal appeal filed by Sri. Suresh Babu as withdrawn, granting him liberty to file a criminal revision petition under Section 397 Cr.P.C. and ordering the registry to return documents.

What did the court decide?

Appeal dismissed as withdrawn with liberty to file a criminal revision petition; registry directed to return documents.

Sri. Suresh Babu Vs State by Anti… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:28608 CRL.A No. 1380 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO. 1380 OF 2023

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BETWEEN:

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SRI. SURESH BABU S/O. LATE C. KANNAN AGED ABOUT 56 YEARS WORKING AS OFFICE SUPERINTENDENT ACCOUNTS DIVISION IN THE OFFICE OF DISTRICT HEALTH AND FAMILY WELFARE MANDYA RESIDING AT No. 3107 DOUBLE HIGH TENSION ROAD NEAR HOYSALA CIRCLE 2^ND STAGE, VIJAYANAGAR MYSURU CITY, MYSURU - 591 108.

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…APPELLANT

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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(BY SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE)

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AND:

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STATE BY ANTI CORRUPTION BUREAU MANDYA DISTRICT NOW KARNATAKA LOKAYUKTA POLICE MANDYA DISTRICT REPRESENTED BY ITS SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001.

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…RESPONDENT

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THIS CRL.A. IS FILED U/S.341 OF CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN

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2 - NC: 2023:KHC:28608 CRL.A No. 1380 of 2023

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SPL.C.No.38/2021 IN SO FAR AS REGISTRATION OF CASE AGAINST THE APPELLANT FOR GIVING FALSE EVIDENCE/PERJURY U/S.340 OF C.R.P.C VIDE ORDER DATED 28.02.2022, CONSEQUENTLY CLOSE THE CRL.MSIC.No.332/2022 REGISTERED AGAINST THE APPELLANT UNDER SECTION 340 OF CRPC.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel for the appellant files a memo

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seeking withdrawal of the appeal, with liberty to file a criminal revision petition. The memo reads thus;

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“The appellant has challenged an order passed by Principal District and Sessions Judge, Mandya District for initiation of prosecution under Section 340 Cr.P.C, against appellant. As the order of the Special Judge is reviewable one and revision is maintainable under Section 397 Cr.P.C. Considering the same, this Hon’ble Court may be pleased to permit the appellant to withdraw the appeal and grant liberty to file Criminal Revision Petition. Further, the office may be direct to return the original certified copy of the documents to the appellant in the interest of justice.”

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NC: 2023:KHC:28608 CRL.A No. 1380 of 2023

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In view of the memo and the supporting submissions,

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the appeal is dismissed as withdrawn , with liberty to file a criminal revision petition.

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Registry is directed to return the documents to the

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learned counsel for the appellant.

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Sd/JUDGE

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GH List No.: 1 Sl No.: 4

Sri. Suresh Babu v. State by Anti Corruption Bureau

Case brief

What is this about?

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Sri. Suresh Babu v. State by Anti Corruption Bureau

Case brief

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