Sri Suresh D M vs Smt Sumithra
2023 Latest Caselaw 5550 Kant

                                            -1-
                                                      NC: 2023:KHC:28682
                                                  CRL.A No. 1440 of 2017




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                      DATED THIS THE 11TH DAY OF AUGUST, 2023
                                       BEFORE
                        THE HON'BLE MR. JUSTICE S RACHAIAH
                        CRIMINAL APPEAL NO. 1440 OF 2017 (A)
              BETWEEN:
                 SRI SURESH D M
                 S/O SRI. MONNAPPA
                 AGED ABOUT 42 YEARS
                 RESIDING AT NO.3
                 SURYANARAYANA ASHRAM
                 GUNDAPPA MATT ROAD
                 LINGARAJAPURA
                 BANGALORE - 560 094.

                                                               ...APPELLANT
              (BY SRI. MANJANNA M S,
Digitally         SRI. MOHAN KUMAR AND
signed by N       SRI. B N ANJAN KUMAR, ADVOCATES) (ABSENT)
UMA
Location:
HIGH          AND:
COURT OF         SMT SUMITHRA
KARNATAKA
                 AGED ABOUT 52 YEARS
                 R/AT NO.118/1
                 HANUMANTHAPPA BUILDING
                 COX TOWN, JEEVANAHALLI
                 BANGALORE - 560 005.

                  AND ALSO AT:
                  GODAGHALLY VILLAGE, BOODHIKOTE POST
                  BANGARPET TALUK
                  KOLAR DISTRICT - 71.

                                                              ...RESPONDENT
              (BY SRI. CHANDAN, ADVOCATE)

                   THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET
              ASIDE THE JUDGMENT DATED 30.06.2017 PASSED BY THE LVII
              ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN
              C.C.NO.52470/2015 AND ETC.,

                   THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
              THE COURT DELIVERED THE FOLLOWING:
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                                              NC: 2023:KHC:28682
                                          CRL.A No. 1440 of 2017




                           JUDGMENT

1. Case called out.

2. Learned counsel for the appellant remained absent.

3. On perusal of the order sheet, it appears that, on

15.02.2022, the criminal appeal was dismissed for non

prosecution. Subsequently, on application being filed by

the learned counsel for the appellant, this Court on

05.01.2023 recalled the order dated 15.02.2022 and

admitted the appeal on 02.02.2023 and posted for final

hearing. Inspite of several opportunities having been

given to the learned counsel for the appellant, it appears

that, the appellant or his counsel is not interested to

proceed with the case. Hence, it is appropriate to

dismiss the appeal for non prosecution.

Sd/-

JUDGE

UN