Income Tax Department's appeal under section 378(4) CrPC against an acquittal was dismissed for non-prosecution after repeated failure to comply with office objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:9451 CRL.A No. 100363 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100363 OF 2021
BETWEEN:
THE INCOME TAX DEPARTMENT, BY ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, PLOT NO.123, SARAF COLONY, KHANAPUR ROAD, SHRADDHA BUILDING, TILAKWADI, BELAGAVI-590006.
…APPELLANT
(BY SRI. M. DILIP, ADVOCATE)
AND:
SMT. JYOTI RAMESH CHINDAK SHIVAGANGA, SAMBHAJI GALLI, JOSHI MALA, KHASBAG, SHAHAPUR, BELAGAVI - 590003.
…RESPONDENT
CHANDRASHEKAR LAXMAN KATTIMANI
HIGH COURT OF KARNATAKA
(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C., SEEKING TO SET ASIDE THE ORDER DATED 03.04.2021 PASSED BY THE COURT OF JMFC III, BELGAUM IN CC NO.692/2014, AND TO ALLOW THE COMPLAINT AS PRAYED FOR BY ALLOWING THIS APPEAL.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The matter is listed today, for non compliance of the office objections for fifth time. It seems that Mr. M.Dilip, learned counsel for the appellant has not made any effort either to comply with the office objections or to represent the case. Hence, it is appropriate to dismiss the case for non-compliance.
Accordingly, the appeal is dismissed for non-prosecution.
Registry is directed to delete the name of Sri. K.V.Aravind, learned counsel from the cause list and show the name of M.Dilip, learned counsel representing the appellant in the case.
Sd/JUDGE
JS/-
List No.: 2 Sl No.: 9
1 provisions across 1 enactments
The Income Tax Department, by Assistant Commissioner of Income Tax, Central Circle-I, Belagavi
Smt. Jyoti Ramesh Chindak Shivaganga
Chandrashekar Laxman Kattimani
S.Rachaiyah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
