This court dismissed the criminal appeal for noncompliance with office objections regarding the retitling of the proceeding from Criminal Revision Petition to Criminal Appeal. The appellant failed to utilize five opportunities to make the necessary correction.
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- 1 - NC: 2023:KHC:27181-DB CRL.A No. 1861 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2023 PRESENT THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY AND THE HON'BLE MR JUSTICE ANIL B KATTI CRIMINAL APPEAL NO. 1861 OF 2019 (A)
BETWEEN:
NAGARAJA S/O KRISHNEGOWDA, AGED ABOUT 28 YEARS, R/AT BEEREDEVARAHALLI, KATTIKERE POST, CHIKKAMAGALURU TALUK AND DISTRICT - 577101
…APPELLANT
(BY MS. NITHYA V., ADVOCATE FOR SRI. PRAKASH M H., ADVOCATE)
AND:
Digitally signed by VEENA KUMARI B Location: High Court of Karnataka
CHIKMAGALUR TALUK & DIST-577 101
…RESPONDENTS
(BY SRI. VINAYAKA V.S., HCGP)
THIS APPEAL IS FILED UNDER SECTION 372 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT DATED 06.04.2018 AND CONSEQUENTLY CONVICT THE RESPONDENTS NO.2 TO 4 FOR THE OFFENCE AS MADE OUT BY THE PROSECUTION.
THIS APPEAL IS COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCE THIS DAY, DR. H.B.PRABHAKARA SASTRY, J., MADE THE FOLLOWING :
ORDER
Learned counsel for the appellant who is physically present though is required to comply the office objection of re-naming the Criminal Revision Petition as Criminal Appeal in I.A.No.1/2019 in its cause title, is attempting to
give various excuses for not doing and also by contending that in the second set she has mentioned the nomenclature correctly.
just enough, necessary correction is required to be carried in the first set also. Since the learned counsel appears to be not convinced and not prepared to carry out the necessary corrections and thus to comply office objections, rather showing the excuses for not doing, which is not convincing, the appeal stands dismissed for noncompliance of office objections, since for five times appellant has not made use of the opportunities given to him.
Sd/JUDGE
Sd/JUDGE
BVK List No.: 1 Sl No.: 3
NAGARAJA S/O KRISHNEGOWDA
THE STATE OF KARNATAKA BY CHIKKMAGALURU TOWN POLICE STATION
SRI.PURUSHOTHAM B.S.
SRI.SOMASHEKAR @ SHEKARA
SRI.KENCHEGOWDA M.S. @ LACHHI
DR. H.B. PRABHAKARA SASTRY
ANIL B KATTI
As recorded by the court registry
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