Nagaraja vs The State Of Karnataka
2023 Latest Caselaw 5254 Kant

                                            -1-
                                                  NC: 2023:KHC:27181-DB
                                                     CRL.A No. 1861 of 2019




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 3RD DAY OF AUGUST, 2023
                                         PRESENT
                      THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                                            AND
                            THE HON'BLE MR JUSTICE ANIL B KATTI

                           CRIMINAL APPEAL NO. 1861 OF 2019 (A)

                 BETWEEN:

                 NAGARAJA
                 S/O KRISHNEGOWDA,
                 AGED ABOUT 28 YEARS,
                 R/AT BEEREDEVARAHALLI,
                 KATTIKERE POST,
                 CHIKKAMAGALURU TALUK AND
                 DISTRICT - 577101
                                                         ...APPELLANT
                 (BY MS. NITHYA V., ADVOCATE FOR SRI. PRAKASH M H.,
                 ADVOCATE)

                 AND:

                 1.    THE STATE OF KARNATAKA
                       BY CHIKKMAGALURU TOWN POLICE STATION,
                       CHIKKAMAGALURU TALUK
Digitally
signed by              AND DISTRICT -577101
VEENA
KUMARI B
Location: High
Court of         2.    SRI.PURUSHOTHAM B.S.
Karnataka
                       S/O SHIVANNA GOWDA,
                       AGED ABOUT 27 YEARS,
                       R/AT BEEREDEVARAHALLI,
                       KATTIKERE POST,
                       CHIKMAGALUR TALUK & DIST-577 101

                 3.    SRI.SOMASHEKAR @ SHEKARA
                       S/O MANJEGOWDA,
                       AGED ABOUT 32 YEARS,
                       R/AT NEAR URDU SCHOOL,
                       DANTRAMAKKI,
                       CHIKMAGALUR TALUK & DIST-577 101
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                                     NC: 2023:KHC:27181-DB
                                           CRL.A No. 1861 of 2019




4.     SRI.KENCHEGOWDA M.S. @ LACHHI
       S/O SANNEGOWDA,
       AGED ABOUT 27 YEARS,
       R/AT FRONT OF ANGANAWADI, MARLE,
       CHIKMAGALUR TALUK & DIST -577 101
                                                   ...RESPONDENTS

(BY SRI. VINAYAKA V.S., HCGP)


        THIS APPEAL IS FILED UNDER SECTION 372 OF CODE OF
CRIMINAL      PROCEDURE,     PRAYING       TO     SET   ASIDE   THE
JUDGMENT DATED 06.04.2018 AND CONSEQUENTLY CONVICT
THE RESPONDENTS NO.2 TO 4 FOR THE OFFENCE AS MADE
OUT BY THE PROSECUTION.


        THIS APPEAL IS COMING ON FOR ORDERS THROUGH
PHYSICAL       HEARING/VIDEO         CONFERENCE         THIS    DAY,
DR. H.B.PRABHAKARA SASTRY, J., MADE THE FOLLOWING :


                             ORDER

Learned counsel for the appellant who is physically

present though is required to comply the office objection

of re-naming the Criminal Revision Petition as Criminal

Appeal in I.A.No.1/2019 in its cause title, is attempting to

give various excuses for not doing and also by contending

that in the second set she has mentioned the

nomenclature correctly.

NC: 2023:KHC:27181-DB CRL.A No. 1861 of 2019

2. Needless to say that filing the second set is not

just enough, necessary correction is required to be carried

in the first set also. Since the learned counsel appears to

be not convinced and not prepared to carry out the

necessary corrections and thus to comply office objections,

rather showing the excuses for not doing, which is not

convincing, the appeal stands dismissed for noncompliance

of office objections, since for five times appellant has not

made use of the opportunities given to him.

Sd/-

JUDGE

Sd/-

JUDGE

BVK