Mahadevagouda S/O Gurugouda ... vs Rudrappa S/O Manappa Lamani
2021 Latest Caselaw 3145 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

         DATED THIS THE 12TH DAY OF AUGUST, 2021

                         BEFORE

       THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

             CRIMINAL APPEAL NO.100134/2019
BETWEEN:

MAHADEVAGOUDA S/O GURUGOUDA PATIL
AGE: 66 YEARS, OCC: AGRICULTURE and SECRETARY,
BHARATIYA ADIMAJATI SEVAK SANGH GROUP,
RANEBENNUR, R/O: BASAVANAGUDI NAGAR,
RANEBENNUR-581115, TQ: RANEBENNUR, DIST: HAVERI.

                                              ...APPELLANT
(BY SRI.AVINASH BANAKAR, ADV.(ABSENT))

AND:

RUDRAPPA S/O MANAPPA LAMANI
AGE: 56 YEARS, OCC: AGRICULTURE and CHAIRMAN,
BHARATIYA ADIMAJATI SEVAK SANGH (SC and ST),
RANEBENNUR, REG.NO.52/86-87,
R/O: UMASHANKAR NAGAR, RANEBENNUR,
TQ: RANEBENNUR, DIST: HAVERI.
                                         ...RESPONDENT
(BY SRI, HCGP)

      THIS APPEAL IS FILED UNDER SECTION U/S 378(2) OF
CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT
AND ORDER OF ACQUITTAL DATED 20.09.2018 PASSED BY THE
II-ADDL. SENIOR CIVIL JUDGE & JMFC COURT, RANEBENNUR,
IN C.C.NO.278/2018 (OLD C.C.NO.354/2008) BY ALLOWING
THE      CRIMINAL     CASE     AND    CONVICT      THE
ACCUSED/RESPONDENT FOR THE ALLEGED OFFENCES P/U/S
468 & 471 OF IPC.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                2




                          JUDGMENT

Learned counsel for the appellant called out, absent.

For the last four adjournments office objections were not

complied. The matter is pending since 2019 and even on

22.07.2021, a peremptory order came to be passed and in

spite of peremptory order, neither the appellant nor the

counsel took any interest in attending office objections.

Even, there was no request on behalf of the appellant and

all along the counsel for the appellant remained absent.

Hence, the appeal stands dismissed.

In view of dismissal of the appeal, all pending I.A's

do not survive for consideration and the same are

dismissed.

Sd/-

JUDGE

MBS/-