Criminal appeal against acquittal of the accused for default was dismissed for non-prosecution after neither the appellant nor counsel appeared despite court notice, which returned unserved as the appellant had vacated the given address.
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CRL.A No. 1161 of 2021 NC: 2024:KHC:11226
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1161 OF 2021
BETWEEN:
H B RAGHUKUMAR S/O LATE BANASHETTAPPA, R/AT NO.11/12, SKANDA NILAYA, II FLOOR, GRAMADEVATHA STREET, CHIKKAMAVALLI, BENGALURU - 560 064
…APPELLANT
(BY SRI. SUJAY KUMAR N G, ADVOCATE - ABSENT)
AND:
Y N NAGESH S/O NARAYANAPPA, R/AT NO.51, YELAGAWADI, HUTRIDURGA HOBLI, KUNIGAL TALUK, TUMAKUR DISTRICT
Digitally signed by REKHA R Location: High Court of Karnataka
…RESPONDENT
(BY SRI. SHIVASHANKARA Y D, ADVOCATE)
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE IMPUGNED ORDER DATED 28.01.2021 PASSED IN THE ACQUITTING THE ACCUSED OF THE COMPLAINT FOR DEFAULT BY THE HON'BLE VI ASCJ & 31 ACMM, BENGALURU, VIDE ANNEXURE-A AND RESTORE THE C.C.NO.712/2019 BY PERMITTING THE APPELLANT/ COMPLAINANT TO PROSECUTE THE CASE BEFORE THE COURT BELOW IN THE INTEREST OF JUSTICE; b) PASS SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CRL.A No. 1161 of 2021 NC: 2024:KHC:11226
JUDGMENT
No representation for appellant.
No representation for appellant even in the afternoon session.
Since on 14.02.2024 also there was no
representation, Court notice was issued to appellant returnable by today. However, the same is returned with an endorsement that appellant has vacated the said address.
In the above circumstances, appeal is dismissed for non-prosecution.
Sd/JUDGE
RR
List No.: 1 Sl No.: 31
1 provisions across 1 enactments
H B RAGHUKUMAR S/O LATE BANASHETTAPPA
Y N NAGESH S/O NARAYANAPPA
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
