Criminal appeal filed under Section 378(4) Cr.P.C. against an acquittal order. The appellant's counsel remained absent despite multiple opportunities and failure to comply with office objections. The court dismissed the appeal for non-prosecution.
None; Appeal dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 503 OF 2023 (A)
BETWEEN:
SRI. UMESH SON OF DORESWAMY, AGED ABOUT 55 YEARS, RESIDING AT NO.18, 5TH MAIN, LAXMANAPPA GARDEN, BANASHANKARI III STAGE BANGALORE - 560 085
…APPELLANT
(BY SRI. RAMA DEVI .L., ADVOCATE (ABSENT))
Digitally signed by NANDINI B G Location: high court of karnataka
AND:
SMT. H.K. SAVITHRAMMA WIFE OF PARAMESH AGED ABOUT 69 YEARS, RESIDING AT NO.37, 13TH CROSS, SIR M. VISHWESWARAIAH LAYOUT, VIDYARANYAPURA POST BANGALORE - 560 097
…RESPONDENT
THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITAL DATED 29.11.2022 PASSED BY THE XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN C.C.NO.22018/2018 BY ALLOWING THIS CRIMINAL APPEAL AND CONVICT AND SENTENCE THE RESPONDENT/ACCUSED FOR THE OFFENCE WITH WHICH SHE WAS CHARGED.
THIS CRL.A., COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
Learned counsel for the appellant is absent. No representation even when the matter is passed over twice and called again.
The matter is listed for the fifth time for non compliance of office objections.
The order sheet dated 12.09.2024 reads as under:
"Learned counsel for the appellant is absent. No representation even when the matter is passed over twice and again called at 2.45.pm.
The appeal is of the year 2023. Till date, PF is not paid for issuance of notice to respondent. I do not find any reason to adjourn the matter. However, to afford final opportunity, list this matter next week."
Inspite of that there is no representation nor compliance of office objections. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non prosecution.
SD/- (M G UMA) JUDGE
BH: List No.: 1 Sl No.: 44
1 provisions across 1 enactments
Sri Umesh Son of Dorewsamy
Smt. H.K. Savithramma Wife of Paramesh
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
