State Of Karnataka vs Channabasappa S/O Ningappa Negalur
2023 Latest Caselaw 11431 Kant

Karnataka High Court

State Of Karnataka vs Channabasappa S/O Ningappa Negalur on 21 December, 2023

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                               -1-
                                                                     NC: 2023:KHC-D:14989
                                                                       CRL.A No. 100622 of 2023




                                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                        DATED THIS THE 21ST DAY OF DECEMBER, 2023

                                                              BEFORE

                                  THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                                            CRIMINAL APPEAL NO. 100622 OF 2023

                                 BETWEEN:

                                 STATE OF KARNATAKA,
                                 R/BY THE POLICE SUB-INSPECTOR,
                                 KAGINELE POLICE STATION,
                                 BYADAGI CIRCLE, DIST. HAVERI,
                                 THROUGH THE ADDITIONAL
                                 STATE PUBLIC PROSECUTOR,
                                 ADVOCATE GENERAL OFFICE,
                                 HIGH COURT OF KARNATAKA,
                                 DHARWAD BENCH.
                                                                                    ... APPELLANT
                                 (BY SRI. P.N. HATTI, HCGP)

                                 AND:

                                 CHANNABASAPPA S/O NINGAPPA NEGALUR,
                                 AGE. MAJOR, OCC. PAINTING WORK, R/O. HOLALU,
                                 TQ. HOOVINAHADAGALI -583219, DIST. BELLARY.
                                                                                  ... RESPONDENT
              Digitally signed
              by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI    M KANKUPPI
              Date: 2023.12.21
              16:21:37 +0530
                                       THIS CRIMINAL APPEAL FILED U/S.377(1)(b) OF THE CODE OF
                                 CRIMINAL PROCEDURE, PRAYING TO CALL FOR RECORDS IN
                                 S.C.NO..76/2016 DATED 27.10.2020 ON THE FILE OF II ADDL.
                                 DISTRICT AND SESSIONS JUDGE AT HAVERI (SITTING AT
                                 RANEBENNUR AND TO SET ASIDE THE JUDGMENT AND ORDER
                                 PASSED IN S.C.NO.76/2016 DATED 27.10.2020 ON THE FILE OF II
                                 ADDL.DISTRICT AND SESSIONS JUDGE AT HAVERI (SITTING AT
                                 RANEBENNUR) SO FAR IT RELATES TO IMPOSITION OF LESSER
                                 SENTENCE TO THE RESPONDENT/ACCUSED AND MODIFY THE
                                 SENTENCE AND IMPOSE THE MAXIMUM SENTENCE FOR THE
                                 OFFENCE PUNISHABLE UNDER SECTION 201 R/W. SECTION 34 OF
                                 IPC IN THE INTEREST OF JUSTICE AND EQUITY.

                                      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
                                 DELIVERED THE FOLLOWING:
                                      -2-
                                           NC: 2023:KHC-D:14989
                                            CRL.A No. 100622 of 2023




                                ORDER

The learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal.

2. The memo reads thus:

" It is humbly submitted that, the appellant/State challenged the acquittal order passed by the IInd Addl. District and Sessions Judge, Haveri (Sitting at Ranebennur) in SC No.76/2016 for the offences punishable under section 302, 201 r/w 34 of IPC. The said appeal was number as 100180/2021. On 20.02.2023 these appeal were listed before the Hon'ble Division Bench and the Hon'ble court noticed that the appellants have not filed 2nd set in present appeal as well as in the connected appeals No.100326/2020 filed by the accused No.2. By virtue of the same, the appellant/State in filing 2nd set of Appeal memo due to inadvertence mistake has filed a fresh appeal in the E-Filing. Thereafter the said mistake was noticed and therefore now the present memo is being filed for withdrawal of the a fresh appeal which was wrongly filed.

Therefore, it is most humbly prayed that, the Hon'ble Court may be pleased to order for withdrawal of the present appeal, in view of the aforementioned facts and circumstance, in the interest of justice."

NC: 2023:KHC-D:14989

3. In view of the memo, the appeal is dismissed as

not pressed.

Sd/-

JUDGE

kmv CT:BCK