The appellant filed a memo seeking withdrawal of the criminal appeal with liberty to file a criminal revision petition. The court dismissed the appeal as withdrawn and directed the registry to return documents to counsel.
Appeal dismissed as withdrawn with liberty to file criminal revision petition; time spent excluded for limitation.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 1046 OF 2020
BETWEEN:
S.M.NARAYANA SWAMY, S/O S.K. MALLESHAPPA, AGED ABOUT 68 YEARS, RO. NO.303, SHIVA NILAYA, LAL BAHADUR SHASTHRI NAGARA, SOWLANGA ROAD, SHIVAMOGGA.
…APPELLANT
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
(BY SRI. PRASANNA D.P., ADVOCATE)
AND:
M.S.SHANKARANARAYANA, S/O. M. SRINIVASACHARI, AGED ABOUT 63 YEARS, PROPRIETOR, M/S SRINIVASA AGENCIES, CAR STREET, THIRTHAHALLI 577 432.
…RESPONDENT
(BY SRI. P.N. HARISH., ADVOCATE)
THIS CRL.A IS FILED U/S 372 CR.PC PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER PASSED BY THE HONBLE III ADDITIONAL SESSIONS JUDGE SHIVAMOGGA IN CRL.A.NO.21/2020 DATED 28.09.2020 AND CONFIRM THE JUDGMENT PASSED IN C.C.NO.1588/2012 DATED 02.01.2020 AND RESTORE THE COMPLAINT ON THE
FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
Learned counsel for the appellant files a memo seeking withdrawal of the appeal with liberty to file criminal revision petition. The said memo reads thus:
"MEMO FOR WITHDRAWAL
"The undersigned counsel for the appellant pray that this Hon'ble Court be pleased to permit the appellant to withdraw the appeal with liberty to file revision petition, in the interest of Justice".
2. In view of the memo, the appeal is dismissed
as withdrawn, with liberty to file criminal revision petition. The time spent in this appeal is required to be excluded while computing limitation in the criminal revision petition
to be filed by the appellant.
learned counsel for the appellant.
NC: 2024:KHC:48692 CRL.A No. 1046 of 2020
interlocutory applications, if any, stands disposed of.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
BKN
List No.: 1 Sl No.: 16
1 provisions across 1 enactments
S.M.NARAYANA SWAMY
M.S.SHANKARANARAYANA
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
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