The Karnataka High Court dismissed Criminal Appeal No. 1097 of 2021 for default. The appeal was filed to examine the legality of a judgment below but was dismissed because the appellants failed to comply with office objections requiring prosecution of the appeal.
Appeal dismissed for default due to non-compliance with office objections and failure to prosecute.
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.
CRL.A No. 1097 of 2021 NC: 2024:KHC:9370
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.1097 OF 2021
BETWEEN:
PADAMCHAND
SINCE DEAD BY LRs
Digitally signed by REKHA R Location: High Court of Karnataka
1 TO 4 ARE RESIDING AT NO.74/2, 1ST CROSS, M.M.STREET, MADIVALA, BENGALURU - 560 068
…APPELLANTS
(BY SRI. D.N.RAMACHANDRAPPA, ADVOCATE - ABSENT)
AND:
PRATAP S/O MUNICHINNAPPA AGED ABOUT 32 YEARS R/AT NO.231/A, V P ROAD OPP. MUNICHINNAMMA TEMPLE
CRL.A No. 1097 of 2021 NC: 2024:KHC:9370
MADIVALA BENGALURU - 560 068
…RESPONDENT
(BY SRI. ASHWATH U, ADVOCATE)
THIS CRL.A IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C PRAYING TO EXAMINE THE LEGALITY, PROPRIETY AND CORRECTNESS OF THE JUDGMENT AND ORDER PASSED IN APPEAL NO.1293/2015 BY THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-63), DATED 02.03.2017 AND SET ASIDE THE JUDGMENT AND ORDER PASSED IN THE ABOVE CASE AND CONFIRM THE JUDGMENT AND ORDER PASSED ON 14.09.2015 IN C.C.NO.26798/2011 BY THE XIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY AND SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
No representation for appellants.
No representation for appellants even in the
afternoon session.
This matter is coming for fifth time for non compliance of office objections.
On 08.11.2022, a conditional order was passed to
the effect that if office objections are not complied with by the next date of hearing, necessary orders would be
CRL.A No. 1097 of 2021 NC: 2024:KHC:9370
passed for dismissal of appeal. Despite granting sufficient time, office objections are not complied with.
It appears appellants are not interested in
prosecuting the appeal.
Hence, appeal is dismissed for default.
Sd/JUDGE
RR List No.: 1 Sl No.: 20
1 provisions across 1 enactments
Smt. Hemalatha Since Dead by LRs
Kum. Suman
Kum. Rakshitha
Prathik
Pratap S/o Munichinappa
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
