Shrimant S/O. Siddlingappa Bane vs Shamala S/O Shekhar Bane
2021 Latest Caselaw 3367 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 21ST DAY OF SEPTEMBER, 2021

                         BEFORE

       THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

              CRIMINAL APPEAL NO.2811/2012

BETWEEN:

SHRI.SHRIMANT S/O. SIDDLINGAPPA BANE
AGE: 50 YEARS, OCC: MEDICAL PRACTITIONER
R/O. AJIT SURGICAL @ MATERNITY HOME,
RAIBAG, TQ: RAIBAG, DIST: BELGAUM
                                              ...APPELLANT
(BY SRI.K.H.BAGI, ADV.(ABSENT))

AND:

SMT.SHAMALA S/O SHEKHAR BANE
AGE: 39 YEARS, OCC: HOUSEHOLD WORK
R/O. B.C. 94, SOUDI ROAD, BELGAUM, DIST: BELGAUM

                                             ...RESPONDENT
(BY SRI.ASHOK R.KALYANSHETTY, ADV.)

      THIS APPEAL IS FILED UNDER SECTION 378(1) OF
CR.P.C. IT IS HUMBLY PRAYED THAT AFTER CALLING FOR THE
RECORDS AND PROCEEDS OF THE CASE THIS HON'BLE COURT
BE PLEASED TO SET-ASIDE THE JUDGEMENT AND ORDER
08.05.2012 PASSED BY THE LEARNED PRL. SESSIONS JUDGE,
BELGAUM, IN CRL.A.NO.156/2011 AND CONFIRM THE
JUDGEMENT AND ORDER DATED 29.12.2011 PASSED BY THE
PRL. CIVIL JUDGE & JMFC, CHIKKODI IN C.C.NO.729/2009 BY
ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE.

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




                         JUDGMENT

Learned counsel for the appellant is absent when the

case is called in the morning as well as at 1.30 p.m. The

matter is pending since 2019 and it is being regularly

adjourned as per the request of the learned counsel for the

appellant.

On 19.08.2021, the matter was finally adjourned by

passing a peremptory order as per the request of the

learned counsel for the appellant. But today, the learned

counsel for the appellant is not prepared to appear before

the court to advance arguments. The appellant has filed

this appeal against the judgment of acquittal passed in

Crl.A.No.156/2011. It appears that appellant is least

interested in prosecuting the matter.

Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

MBS/-