Mr George Pais v. Mr Austin Lobo

Karnataka HC19 Feb 2025CRL.A/436/2024

Case brief

AI extract

What is this about?

Withdrawal of criminal appeal; S.372 read with S.378(4) CR.PC; challenge to acquittal dated 13.12.2023 in Crl.A.No.36/2023 (II Addl. District and Sessions Judge, Mangalore); prayer to confirm conviction and sentence dated 03.02.2023 in C.C.No.1960/2018 (IX Court, Mangalore); earlier Crl.RP.No.180/2024 maintainability objection; liberty granted; duplicate appeal Crl.A No. 505/2024; appeal dismissed as withdrawn on memo; George Pais (appellant) v. Austin Lobo (respondent); High Court of Karnataka at Bengaluru; Justice Shivashankar Amarannavar; decided 19 February 2025; no substantive adjudication.

What did the court decide?

The appeal was dismissed as withdrawn in view of the appellant's memo, which sought liberty to pursue Crl.A No. 505/2024. ¶21-22

Mr George Pais Vs Mr Austin Lobo — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:7419 CRL.A No. 436 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO. 436 OF 2024

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BETWEEN:

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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MR. GEORGE PAIS S/O LATE ALBERT PAIS AGED ABOUT 57 YEARS R/AT CHURCH WARD NEAR PAJEER CHURCH ROAD PAJEER POST VIA MANGALAGANGOTHRI MANGALORE - 574 199 (BY SRI. CYRIL PRASAD PAIS, ADVOCATE) AND: MR. AUSTIN LOBO S/O LATE HENRY LOBO AGED ABOUT 45 YEARS R/A BAIDERLACHIL HOUSE PAVOOR POST VIS MANGALAGANGOTHRI KONAJE BANTWAL TALUK - 574199

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…APPELLANT

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…RESPONDENT THIS CRL.A IS FILED U/S 372 READ WITH SECTION 378(4) CR.PC PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 13.12.2023 PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE, MANGALORE IN CRL.A.NO.36/2023 AND CONSEQUENTLY CONFIRM THE JUDGMENT OF CONVICTION AND SENTENCE DATED 03.02.2023 PASSED BY THE IX COURT MANGALORE IN C.C.NO.1960/2018.

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NC: 2025:KHC:7419 CRL.A No. 436 of 2024

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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Learned counsel for the appellant files memo seeking withdrawal of the appeal. The memo reads thus:

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" MEMO FOR WITHDRAWAL

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The appellant herein prior to filing of the above Criminal Appeal has filed Crl.RP.No.180/2024. The office has raised an objection on the maintainability of the said Revision Petition. Accordingly, the appellant has filed a memo seeking liberty to file criminal appeal. Accordingly, liberty was granted. This Hon'ble Court granted liberty to file the above appeal. Subsequently, after the liberty was granted, the Appellant re-filed Criminal Appeal. The said Criminal appeal is numbered as Crl.A no.505/2024. In the meantime, present Crl.A 436/2024 was also reconverted. The appeal no.436/2024 was also listed before the Hon'ble Court on 28.01.2025. Upon hearing, the appeal

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3 - NC: 2025:KHC:7419 CRL.A No. 436 of 2024

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was admitted. The present Crl.A is also arising from the same judgment which is challenged in Crl.A 505/2024. The above appeal, in the view of the same., the Appellant seeks to withdraw Crl.A no:436/2024 with a liberty to pursue Crl.A no:505/2024. Hence, the present Crl.A 436/2024 may kindly be dismissed as withdrawn, granting liberty to the appellant to pursue Crl.A 505/2024 in the interest of justice and equity."

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2. In view of the memo, the appeal is dismissed

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as withdrawn .

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KG List No.: 1 Sl No.: 6

Mr George Pais v. Mr Austin Lobo

Case brief

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Mr George Pais v. Mr Austin Lobo

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