Karnataka High Court
Shri.Mukhtumhussain Limamsab ... vs Shri.Muktumsab Kashimsab ... on 16 February, 2022
Bench: Dr. H.B.Prabhakara Sastry, S.Rachaiah
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR. JUSTICE S. RACHAIAH
CRIMINAL APPEAL NO.100080/2019
BETWEEN
SHRI.MUKHTUMHUSSAIN LIMAMSAB SHILLEDAR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: UGARGOL, TQ: SAVADATTI,
DIST: BELAGAVI.
...APPELLANT
(BY SRI S B DEYANNAVAR, ADV.)
AND
1. SHRI.MUKTUMSAB KASHIMSAB BARIGIDAD,
AGE: 50 YEARS,
OCC: AGRICULTURE,
R/O: UGARGOL, TQ: SAVADATTI,
DIST: BELAGAVI.
2. SHRI.DILAWARSAB MUKTUMSAB BARIGIDAD,
AGE: 26 YEARS,
OCC: AGRICULTURE,
R/O: UGARGOL, TQ: SAVADATTI,
DIST: BELAGAVI.
Crl.A. No.100080/2019
2
3. SHRI.JANGALISAB MUKTUMSAB BARIGIDAD,
AGE: 25 YEARS,
OCC: AGRICULTURE,
R/O: UGARGOL, TQ: SAVADATTI,
DIST: BELAGAVI.
4. SHRI.SHARIFSAB MUKTUMSAB BARIGIDAD,
AGE: 23 YEARS,
OCC: AGRICULTURE,
R/O: UGARGOL, TQ: SAVADATTI,
DIST: BELAGAVI.
5. SMT. RAJABI MAKTUMSAB BARIGIDAD,
AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O: UGARGOL, TQ: SAVADATTI,
DIST: BELAGAVI.
6. THE STATE OF KARNATAKA
THROUGH SAVADATTI POLICE STATION,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BENCH DHARWAD.
...RESPONDENTS
(BY SRI. V.M. BANAKAR, ADDL. SPP FOR R-6)
---
THIS CRIMINAL APPEAL IS FILED U/S 372 OF CR.P.C.
SEEKING TO ALLOW THIS CRIMINAL APPEAL AND SET ASIDE
THE JUDGMENT AND ORDER OF ACQUITTAL OF THE
ACCUSED DATED 17.12.2018, PASSED BY III-ADDL. DIST.
AND SESSIONS JUDGE, BELAGAVI, IN S.C.NO.208/2013 AND
CONVICT THE SENTENCE THE ACCUSED/RESPONDENT NO.1
TO 5 FOR THE OFFENCES P/U/S 143, 147, 148, 307, 326,
341 504, 506 R/W 149 OF IPC.
THIS APPEAL COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS
DAY, Dr.H.B.PRABHAKARA SASTRY J., MADE THE
FOLLOWING:
Crl.A. No.100080/2019
3
ORDER
Learned counsel for the appellant, appearing through
video conference, once again prays for a week's time to pay
the process. However, later he submits that he would file a
retirement memo and issue notice to the appellant for which
he requires time.
2. A perusal of the order sheet would go to show
that the appellant has filed this appeal challenging the
acquittal of the accused from the alleged offences. In spite
of granting several and sufficient opportunities of not less
than five times, the appellant has not ensured service of
notice upon un-served respondent Nos.1 to 5, as such, there
is no point in granting some more time to the learned
counsel for the appellant, only to enable him to send notice
of his retirement to the appellant. On the other hand, since
the appellant is not evincing any interest in prosecuting the
matter, the appeal deserves to be dismissed for non-
prosecution and for not taking steps.
Crl.A. No.100080/2019
Accordingly, the appeal stands dismissed for not taking
steps to respondent Nos.1 to 5 who are contesting
respondents and also for non-prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
Bss
