Sri A Alam Pasha vs Sri R Roshan Baig
2023 Latest Caselaw 5366 Kant

                                                      -1-
                                                            NC: 2023:KHC:27658
                                                            CRL.A No. 1082 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 7TH DAY OF AUGUST, 2023

                                                 BEFORE

                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                                  CRIMINAL APPEAL NO. 1082 OF 2023


                      BETWEEN:

                      1.    SRI A ALAM PASHA
                            S/O LATE AMEER SAHEB,
                            AGED ABOUT 59 YEARS,
                            R/A NO 674, 9TH A MAIN,
                            1ST STAGE, 1ST CROSS,
                            INDIRANAGAR,
                            BENGALURU - 560 038.

                      2.    SRI DIWAKARA N
                            S/O LATE V L NAGARAJA,
                            AGED ABOUT 46 YEARS,
                            R/A NO 62, 3RD MAIN,
                            GOVT. COLLEGE ROAD,
                            K R PURAM NEW EXTENSION,
Digitally signed by         BANGALORE - 560 036.
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF              3.    MS KALAIVANI N
KARNATAKA
                            W/O DIWAKARA N,
                            AGED ABOUT 45 YEARS,
                            R/A NO 62, 3RD MAIN,
                            GOVT. COLLEGE ROAD,
                            K R PURAM NEW EXTENSION,
                            BANGALORE - 560 036.

                      4.    MS BARNABAS SUGUNA
                            D/O BARNABAS,
                            AGED ABOUT 67 YEARS,
                            R/A NO 203, 3RD FLOOR,
                           -2-
                                  NC: 2023:KHC:27658
                                  CRL.A No. 1082 of 2023




     SHEKINAH GLORY APARTMENT,
     HORAMAVU AGRA VADRAPALYA,
     HENNUR 2ND CROSS,
     CAUVERY LAYOUT,
     BANGALORE - 560 043.              ...APPELLANTS


(BY SMT. SARASWATHI M., ADVOCATE)

AND:

1.   SRI. R ROSHAN BAIG
     S/O SRI ABDUL REHAMANBAIG
     AGED ABOUT 66 YEARS,
     R/O NO 3, CLEVELAND ROAD,
     BENGALURU - 560 005.

     REP. BY ITS COMPETENT AUTHORITY
     AND SPECIAL OFFICER,
     SRI AMLAN ADITYA BISWAS,
     AGED ABOUT 53 YEARS,
     BENGALURU.

2.   THE COMPETENT AUTHORITY
     FOR IMA AND OTHER SCAM CASES,
     3RD FLOOR, MINI V.V. TOWER,
     PODIUM BLOCK,
     DR. AMBEDKAR VEEDHI,
     BENGALURU - 560 001.

3.   THE PRINCIPAL SECRETARY TO
     REVENUE DEPARTMENT,
     ROOM NO 505, 5TH FLOOR,
     GATE NO 3, M S BUILDING,
     BENGALURU - 560 001.

4.   I MONETARY ADVISORY PVT. LTD.
     AND ITS GROUP ENTITIES,
     REP. BY ITS MANAGING DIRECTOR
     AND CHIEF PROMOTER,
     MOHAMMED MANSOOR KHAN
                               -3-
                                      NC: 2023:KHC:27658
                                      CRL.A No. 1082 of 2023




     S/O ABID ALI KHAN
     R/AT NO 9, PENT HOUSE,
     BYTHAL MARIYAM APARTMENTS,
     5TH FLOOR, PARK ROAD,
     TASKER TOWN,
     BENGALURU - 560 001.

5.   MOHAMMED MANSOOR KHAN
     S/O ABID ALI KHAN,
     R/AT NO 9, PENT HOUSE,
     BYTHAL MARIYAM APARTMENTS,
     5TH FLOOR, PARK ROAD,
     TASKER TOWN,
     BENGALURU - 560 001.               ...RESPONDENTS



     CRL.A FILED U/S 16 OF THE KPIDFE ACT, 2004 BY THE
ADVOCATE FOR THE        APPELLANT PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 07.01.2023 PASSED IN MISC.NO.724/2021 ON
THE FILE OF THE XCI ADDL.CITY CIVIL AND SESSIONS JUDGE
AND SPL.JUDDGE FOR KPIDFE CASES, BENGALURU (CCH-92)
AS PER ANNEXURE-L.

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


                           JUDGMENT

Learned counsel for the appellant files a memo seeking

withdrawal of the appeal with a liberty to file MFA. The said

memo is taken on record.

2. The memo reads thus:

NC: 2023:KHC:27658 CRL.A No. 1082 of 2023

"The undersigned counsel for the appellants herewith prays that this Hon'ble Court may be pleased to permit to withdraw the appeal and to grant liberty to file Miscellaneous First Appeal. Hence, this memo in the ends of justice and equity".

3. In view of the memo and supporting

submissions, the appeal is dismissed as withdrawn with a

liberty to file MFA. Return the documents to the counsel for the

appellants.

Sd/-

JUDGE

PSJ