The appellant sought to withdraw a criminal appeal under Section 374(2) CrPC, arguing the appeal had become infructuous after serving the sentence. The High Court admitted the memo and dismissed the appeal as withdrawn.
Appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.860 OF 2011
BETWEEN:
SRI SUBHASH S/O NASRU R/O HALAKKI DARKHASTH HOUSE 41, SHIROOR VILLAGE UDUPI TALUK UDUPI DISTRICT
…APPELLANT
(BY SRI.GANGADHAR K, ADVOCATE FOR SRI.CHANDRASHEKAR R.P., ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: High Court of Karnataka
THE STATE OF KARNATAKA BY CIRLE INSPECTOR OF POLICE, BRAHMAVAR CIRCLE UDUPI TALUK UDUPI DISTRICT
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL APPEAL IS FILED U/S.374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED:30.06.11 PASSED BY THE SESSIONS JUDGE, UDUPI IN S.C.NO.81/09 - CONVICTING THE APPELLANT /ACCUSED FOR THE OFFENCE P/U/S 417 OF IPC AND THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO IMPRISONMENT FOR A PERIOD OF ONE YEAR FOR THE OFFENCE P/U/S 417 OF IPC AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellant has filed a memo seeking permission of the Court to withdraw appeal as not pressed, on the ground that the appellant has served the sentence period and therefore, the appeal has become infructuous.
The memo is placed on record.
Appeal is dismissed as withdrawn.
Sd/JUDGE
NBM
List No.: 1 Sl No.: 1
1 provisions across 1 enactments
Sri Subhash S/O Nasru
The State of Karnataka By Circle Inspector of Police, Brahmavar Circle
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
