G.Thippeswamy S/O Late Thippaiah vs State Of Karnataka
2021 Latest Caselaw 3033 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 28TH DAY OF JULY, 2021

                      BEFORE

   THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

           CRIMINAL APPEAL NO.100149/2019

BETWEEN:

G. TIPPESWAMY
S/O. LATE THIPPAIAH
AGE: 69 YEARS,
R/O. TEACHER'S COLONY,
SANDUR TOWN,
SANDUR TALUK,
BALLARI DISTRICT.
                                        ...APPELLANT

(BY SMT. PRAFULLA S. NAIK, ADVOCATE (ABSENT)

AND:

STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD,
THROUGH SANDR P.S.
                                      ...RESPONDENT

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
454 OF CR.P.C. SEEKING TO PASS A JUDGMENT AND
ORDER ALLOWING THE APPLICATION FILED UNDER
SECTION 452 OF CR.P.C. BY THE APPELLANT BEFORE THE
CIVIL JUDGE & JMFC COURT, SANDUR AND TO SET ASIDE
                                       2




THE ORDER PASSED IN CRL.R.P. NO.312/2018 BY THE
DISTRICT AND SESSIONS JUDGE, BALLARI.

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

                               JUDGMENT

Learned counsel for the appellant called-out. Absent. There is no representation.

This Court by order dated 13.07.2021, passed a peremptory order regarding dismissal of the matter and in spite of passing peremptory order, office objections are not complied with. Hence, without any alternative, the appeal is required to be dismissed and accordingly the appeal is dismissed for non-prosecution.

In view of dismissal of the appeal for non- prosecution, the pending application-IA No.1/2019 for condonation of delay, does not survive for consideration. Hence, the said application also stands dismissed.

Sd/-

JUDGE

KGR*