Sri. Suresh Babu vs State By Anti Corruption Bureau
2023 Latest Caselaw 5552 Kant

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                                                           NC: 2023:KHC:28608
                                                       CRL.A No. 1380 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 11TH DAY OF AUGUST, 2023

                                             BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                CRIMINAL APPEAL NO. 1380 OF 2023


                      BETWEEN:

                         SRI. SURESH BABU
                         S/O. LATE C. KANNAN
                         AGED ABOUT 56 YEARS
                         WORKING AS OFFICE SUPERINTENDENT
                         ACCOUNTS DIVISION
                         IN THE OFFICE OF DISTRICT HEALTH
                         AND FAMILY WELFARE MANDYA
                         RESIDING AT No. 3107
                         DOUBLE HIGH TENSION ROAD
                         NEAR HOYSALA CIRCLE
                         2ND STAGE, VIJAYANAGAR
                         MYSURU CITY, MYSURU - 591 108.
                                                              ...APPELLANT

Digitally signed by
                      (BY SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE)
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        AND:
COURT OF
KARNATAKA
                         STATE BY ANTI CORRUPTION BUREAU
                         MANDYA DISTRICT
                         NOW KARNATAKA LOKAYUKTA POLICE
                         MANDYA DISTRICT
                         REPRESENTED BY ITS SPP
                         HIGH COURT OF KARNATAKA
                         BANGALORE - 560 001.
                                                               ...RESPONDENT

                           THIS CRL.A. IS FILED U/S.341 OF CR.P.C PRAYING TO
                      SET ASIDE THE ORDER PASSED BY PRINCIPAL DISTRICT AND
                      SESSIONS   JUDGE,    BENGALURU    RURAL   DISTRICT  IN
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                                            NC: 2023:KHC:28608
                                       CRL.A No. 1380 of 2023




SPL.C.No.38/2021 IN SO FAR AS REGISTRATION OF CASE
AGAINST     THE    APPELLANT   FOR     GIVING   FALSE
EVIDENCE/PERJURY U/S.340 OF C.R.P.C VIDE ORDER DATED
28.02.2022,       CONSEQUENTLY        CLOSE       THE
CRL.MSIC.No.332/2022 REGISTERED AGAINST THE APPELLANT
UNDER SECTION 340 OF CRPC.

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

                         JUDGMENT

1. Learned counsel for the appellant files a memo

seeking withdrawal of the appeal, with liberty to file a

criminal revision petition. The memo reads thus;

"The appellant has challenged an order passed by Principal District and Sessions Judge, Mandya District for initiation of prosecution under Section 340 Cr.P.C, against appellant. As the order of the Special Judge is reviewable one and revision is maintainable under Section 397 Cr.P.C. Considering the same, this Hon'ble Court may be pleased to permit the appellant to withdraw the appeal and grant liberty to file Criminal Revision Petition. Further, the office may be direct to return the original certified copy of the documents to the appellant in the interest of justice."

NC: 2023:KHC:28608 CRL.A No. 1380 of 2023

2. In view of the memo and the supporting submissions,

the appeal is dismissed as withdrawn, with liberty to file

a criminal revision petition.

3. Registry is directed to return the documents to the

learned counsel for the appellant.

Sd/-

JUDGE

GH