Karnataka High Court
State Of Karnataka vs Aslam Pasha on 22 February, 2023
Bench: P.N.Desaipresided Bypndj
-1-
CRL.A No. 1516 of 2021
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE P.N.DESAI
CRIMINAL APPEAL NO. 1516 OF 2021
BETWEEN:
STATE OF KARNATAKA,
BY PENSION MOHALLA POLICE, HASSAN,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560 001.
...APPELLANT
(BY SMT. K.P. YASHODHA, HCGP)
AND:
1. ASLAM PASHA,
S/O. AMEERSAB,
AGED ABOUT 43 YEARS,
Digitally signed by
1ST MAIN ROAD,
NAGARATHNA M BEHIND KEB,
Location: HIGH
COURT OF HASSAN-573 201.
KARNATAKA
2. MUSTAQ PASHA,
S/O. RASHEED AHMAD,
AGED ABOUT 53 YEARS,
2ND CROSS, SIDDAIAHNAGARA,
HASSAN-573 201.
3. SADIQ PASHA,
S/O. KAREEMSAB,
AGED 33 YEARS,
PENSION MOHALLA,
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CRL.A No. 1516 of 2021
HASSAN-573 201.
4. AJMAL,
S/O. MOHAMMED,
AGED 35 YEARS,
3RD CROSS,
SIDDAIAHNAGARA,
HASSAN-573 201.
5. AKBARKHAN,
S/O. MALLIKAKHAN,
AGED 35 YEARS,
3RD CROSS,
SIDDAIAHNAGARA,
HASSAN-573 201.
6. FIROZ,
S/O. MUSTAQ AHMAD,
AGED 33 YEARS,
SLUM BOARD
HASSAN-573 201.
7. BASHA,
S/O. MURTHUJA,
AGED 39 YEARS,
2ND CROSS,
SIDDIAHNAGARA,
HASSAN-573 201.
8. JAKIR,
S/O. SYED RIAYAZ,
AGED ABOUT 35 YEARS,
HASSAN-573 201.
9. CHANDPASHA,
S/O. WAZEER,
AGED 35 YEARS,
BEHIND K.E.B.,
AMBEDKAR NAGARA,
HASSAN-573 201.
10. BASHEER
S/O. RIYAZ,
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CRL.A No. 1516 of 2021
AGED 31 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
11. AKRAM PASHA,
S/O. MOHAMMED PEER,
AGED ABOUT 35 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
12. SAIFULLA,
S/O. LATE PEERSAB,
AGED 34 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
13. ANSAR,
S/O. ABDUL SAMADA,
AGED 44 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201
14. NAYAZ AHAMAD,
S/O. NISAR AHMAD,
AGED 33 YEARS,
HUNASINAKERE ROAD,
HASSAN-573 201.
15. MUBARAK UBABU,
S/O. KHALEEL AHAMAD,
AGED ABOUT 33 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
16. ANSAR
S/O. HUSSAINSAB,
AGED ABOUT 32 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
17. AKMAL,
S/O. ABDUL SAMAD,
AGED ABOUT 32 YEARS,
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CRL.A No. 1516 of 2021
OPP. MASJID,
AMBEDKAR NAGARA,
HASSAN-573 201.
18 EJAJ
S/O. ABDUL SAMAD,
AGED ABOUT 36 YEARS,
SIDDALINGAIAH NAGARA,
HASSAN-573 201.
19. UBEDA,
S/O. ABDUL BILAL,
AGED ABOUT 41 YEARS,
BEHIND KEB,
AMBEDKAR NAGRA,
HASSAN-573 201.
20. SYED MOUSEEN,
S/O. SYED GAFFAR,
AGED ABOUT 41 YEARS,
21. ADIL,
S/O. ABDUL KHADAR,
AGED ABOUT 41 YEARS,
SIDDAIAHNAGARA,
HASSAN-573 201.
22. EJAJ,
S/O. ZAKRIA,
AGED ABOUT 41 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
23. MOHAMMED ASLAM,
S/O. MUNEER AHMED,
AGED ABOUT 42 YEARS,
BEHIND K.E.B.,
HASSAN-573 201.
24. AHMAD PASHA,
S/O. IQBAL PASHA,
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CRL.A No. 1516 of 2021
AGED ABOUT 35 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
25. ISMAIL,
S/O. RASOOL PASHA,
AGED ABOUT 18 YEARS,
SIDDAIAH NAGARA,
HASSAN-573 201.
26. MUJJU,
S/O. RASOOL PASHA,
AGED ABOUT 33 YEARS,
SIDDAIAH NAGARA,
HASSAN-573 201.
27. SAFEER PASHA,
S/O. IQBAL PASHA,
AGED ABOUT 32 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
28. MANSOOR,
S/O. MOHAMMED PEER,
AGED ABOUT 39 YEARS,
AMBEDKAR NAGARA,
HASSAN-573 201.
29. MOHAMMED ZAHEER,
S/O.MOHAMMED GOUSE,
AMBEDKAR NAGARA,
HASSAN-573 201.
30. HANEEF,
S/O. DADAPEER,
AGED ABOUT 44 YEARS,
AMBEDKAR NAGARA, HASSAN-573 201.
31. GUDDU,
S/O.MUNNA,
AGED ABOUT 41 YEARS,
BEHIND KEB, SIDDAIHNAGARA,
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CRL.A No. 1516 of 2021
HASSAN-573 201.
32. NOUSHAD,
S/O. KHALEEL,
AGED ABOUT 41 YEARS,
HUNASINAKERE ROAD,
HASSAN 573 201.
...RESPONDENTS
THIS CRL.A. IS FILED U/S.378(1) AND (3) CR.P.C
PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL AND
ORDER DATED 30.11.2015 IN SPL.C.NO.60/2007 PASSED BY
THE ADDITIONAL SESSIONS JUDGE AT HASSAN FOR THE
OFFENCE P/U/S.143, 147, 148, 427 AND 324 OF IPC AND
SEC.3(1)(x) OF SC/ST (POA) ACT 1989.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned High Court Government Pleader
appearing for the appellant has filed a memo seeking
permission of this Court to withdraw the appeal.
2. The memo reads as under:
"The undersigned respectfully submits
that this Hon'ble Court may be pleased to
dismiss the above Appeal with a liberty to
file fresh Appeal as the Government Order
was issued for preferring the Appeal against
the Order passed by the Prl. District and
CRL.A No. 1516 of 2021
Sessions Judge, Hassan in Special Case
No.14/2009 on 11.07.2018. By oversight,
the Criminal Appeal was filed challenging the
Judgment passed in Special Case
No.60/2007 which also pertains to the same
Crime number, which was subsequently split
up in Special Case No.14/2009.
It is respectfully prayed that this Hon'ble
Court be pleased to permit the Appellant to
withdraw the above Appeal with a liberty to
challenge the Judgment in Special Case
No.14/2009 pursuant to the Government
Order in the interest of justice."
3. The memo is taken on record. Accordingly, the
appeal stands dismissed as withdrawn.
Sd/-
JUDGE
HJ
