Ravishankar Rao, vs B M Chougale
2021 Latest Caselaw 3122 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

           DATED THIS THE 6TH DAY OF AUGUST, 2021

                          BEFORE

        THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

                CRIMINAL APPEAL NO.2685/2012

BETWEEN:

RAVI SHANKAR RAO
AGE: 60 YEARS
OCC: DOCTOR
R/O. SUBA LAXMI
NO.5 CLUB ROAD
BELGAUM
                                               ...APPELLANT
(BY SRI. GANAPATI M. BHAT, ADVOCATE)

AND:

1.     B.M. CHOUGALE
       OCC: ADVOCATE
       R/O.4867,3RD CROSS
       SAMPIGE ROAD
       VISWESHWARAYYA NAGAR
       BELGAUM

2.     MRS. RADHIKA RAO
       AGED ABOUT 54 YEARS
       OCC: HOUSEHOLD WORK
       RESIDING AT LODI,
       CALIFORNIA
       UNITED STATES OF AMERICA

3.     MRS. RAJINI MADY,
       AGE: ABOUT 52 YEARS
       OCC: HOUSEHOLD WORK
       RESIDING AT CHICAGO, ILLINOS,
       UNITED STATES OF AMERICA

4.     MRS. RAGINI,
       W/O. DR. PRAKASH KALMADI
       AGE:47 YEARS, OCC: HOUSEHOLD WORK
       RESIDING AT KALMADI HOUSE,
                                2

       NO.42-8, KETKAR ROAD,
       ERANADAVANA
       PUNE-411004.
                                                    ...RESPONDENTS

(BY SRI. M.M. PATIL, ADVOCATE)

     THIS APPEAL IS FILED UNDER SECTION 341     OF CR.P.C
SEEKING TO SET ASIDE THE ORDER DATED 15.03.2012 IN O.S.
NO.01/2012 ON    THE FILE OF THE CIVIL JUDGE (SR.DN.),
BELGAUM, FILED UNDER SECTION 34O OF CR.P.C. AND DIRECTION
BE ISSUED TO INITIATE CRIMINAL PROCEEDINGS AGAINST THE
RESPONDENT UNDER SECTIONS 176, 177, 195 OF IPC.

     THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellant files a memo stating that Respondent No.1 has expired and the allegations were only against Respondent Nos. 1, and Respondent Nos. 2 to 4 were formal parties. Hence, he would submit that, due to the death of Respondent No.1, no purpose will be served by continuing this appeal and sought for dismissal of the appeal, as it does not survive for consideration.

The memo and the submission is placed on record.

In view of the memo, the appeal is dismissed as not pressed.

Sd/-

JUDGE

KGR*