The Court held the criminal appeal not maintainable as there was neither conviction nor acquittal in the impugned order, allowing the appellant liberty to resort to other remedies.
The appeal is dismissed. Liberty granted to avail other remedies with time spent in this appeal discounted.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CRIMINAL APPEAL NO.1478 OF 2023
BETWEEN:
SRI. G.VENKATESH S/O. GANGADHARA, AGED ABOUT 44 YEARS, R/AT 5TH CROSS, T.B. NARAYANAPPA LAYOUT, DODDABALLAPURA - 561 201, BENGALURU RURAL DISTRICT.
…APPELLANT
(BY SRI. NAIK N.R., ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY MS. JANAVI R., ADV. FOR SRI. ANIL KUMAR R., ADV. FOR R1; SRI. B.N. JAGADEESH, ADDITIONAL SPP FOR R2)
THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED IN PCR NO.3005/2023 BY THE XLII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU DATED 25.04.2023 AND ETC.
NC: 2024:KHC:6644 CRL.A No. 1478 of 2023
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGEMENT
Learned counsel for the appellant having argued the matter for some time, now agrees with the suggestion of learned Addl. SPP appearing for respondent No.2 that the appeal of his client is not maintainable, there being neither conviction nor acquittal, therefore, the same needs to be declined reserving liberty to the appellant to avail other remedy.
Ordered accordingly and appeal stands disposed off.
All contentions kept open.
SMJ
Sd/JUDGE
List No.: 1 Sl No.: 22
1 issue framed by the court
Whether the criminal appeal under section 378(4) CrPC is maintainable in absence of conviction or acquittal.
1 provisions across 1 enactments
SRI. G.VENKATESH
SRI. T.VENKATARAMANAIAH
SRI. GOVINDA
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
