R Shekar vs M Shivakumar
2023 Latest Caselaw 5717 Kant

                                       -1-
                                                    NC: 2023:KHC:29218
                                                CRL.A No. 2036 of 2022




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                   DATED THIS THE 17TH DAY OF AUGUST, 2023
                                     BEFORE
                      THE HON'BLE MR. JUSTICE S RACHAIAH
                     CRIMINAL APPEAL NO.2036 OF 2022 (A)
              BETWEEN:
                 R SHEKAR
                 S/O RANGASWAMY
                 AGED ABOUT 68 YEARS
Digitally
signed by N
                 R/A NO.306, 16TH CROSS
UMA              UPPER PALACE ORCHARDS
Location:        SADASHIVANAGAR
HIGH
COURT OF         BENGALURU - 560 080.
KARNATAKA

                                                          ...APPELLANT
              (BY SRI. B M HALASWAMY, ADVOCATE)
              AND:
                 M SHIVAKUMAR
                 S/O M REVANASIDDAPPA
                 AGED 69 YEARS
                 R/O DOOR NO.1637/14
                 UDAYARAVI, TARALABALU LAYOUT
                 VIDYANAGAR
                 DAVANAGERE.

                                                        ...RESPONDENT


                   THIS CRL.A. IS FILED U/S.374(3) AND 378 OF CR.P.C
              PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE ORDER
              DATED 22.06.2022 PASSED BY THE I ADDITIONAL DISTRICT
              AND SESSIONS JUDGE, DAVANAGERE IN CRL.RP.NO.21/2020
              AND SET ASIDE THE SAME AND ETC.,

                  THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
              COURT DELIVERED THE FOLLOWING:
                                    -2-
                                                   NC: 2023:KHC:29218
                                            CRL.A No. 2036 of 2022




                            JUDGMENT

Learned counsel for the appellant has filed a memo dated

10.07.2023 seeking for permission to withdraw the appeal.

The averments made in the said memo read thus:-

"The undersigned counsel submits that the above appeal not maintainable and the Petitioner has filed the fresh criminal petition in FR No.5847/2023, Hence, the same may be permitted to be withdrawn."

2. On perusal of the above said averments of the

memo, it is appropriate to dismiss the appeal as withdrawn.

Ordered accordingly.

Sd/-

JUDGE

BSS