Smt M Soubhagyalakshmi vs Sri S S Abdul Salam
2022 Latest Caselaw 9618 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 24TH DAY OF JUNE, 2022

                           BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

          CRIMINAL APPEAL NO.27 OF 2015

BETWEEN:

Smt.M. Soubhagyalakshmi
Prop. Venkataramana Chemicals,
No.38, Bharath Complex,
No.175, A.S. Char Street,
Bangalore-53,
Represented by her
Power of Attorney
M. Sreerama Murthy
                                                  ..Appellant
(By Sri.V. Lakshmikanth Rao, Advocate)

AND:

Sri. S.S. Abdul Salam
Major, R/at S-11,
Dr. Muniswamy Nagar in
Ramanathpuram,
Coimbotore -45 (Tamil Nadu)
                                               .. Respondent
(By Sri.M.P. Vishwanath, Advocate)

                                  ****
  This Criminal Appeal is filed under Section 378(4) of the Code
of Criminal Procedure, 1973, praying to admit the appeal, call for
records in Criminal Appeal No.991/2006      from the file of the
XXXVI Additional City Civil and Sessions Judge at Bangalore and
                                                     Crl.A.No.27/2015
                                 2


examine the legality propriety, correctness and also regularity of
proceedings of the lower appellate court, set aside the impugned
judgment of acquittal in Criminal Appeal No.991/2006 and order
dated 11-06-2008 passed by the XXXVI learned Sessions Judge,
reversing the judgment of the lower court and convict the
respondent in the interest of justice and equity.


      This Criminal Appeal coming on for Orders, through
Physical Hearing/Video Conferencing Hearing this day, the Court
made the following:
                           ORDER

Learned counsels from both side present.

2. Learned counsel for the appellant has filed a

memo, reiterating his submission made on the previous

occasion that the respondent is dead, however, the

appellant could not get the copy of the Death Certificate of

the deceased sole respondent.

3. Learned counsel for the respondent submits that

according to the information given to him also, the sole

respondent is dead.

4. In the memo, as stated above, the appellant has

sought for withdrawal of this appeal. The learned counsel

for respondent submits his 'no objection'.

Crl.A.No.27/2015

5. In view of the same, the appeal stands dismissed

as not pressed.

Sd/-

JUDGE

BMV*