Sri Shankarlingaiah M N vs Chikkegowda
2023 Latest Caselaw 374 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5 T H DAY OF JANUARY, 2023

                        BEFORE

          THE HON'BLE MR.J USTICE P.N.DESAI

           CRIMINAL APPEAL NO.478 OF 2012

BETWEEN:
SRI. SHANKARLINGAIAH M.N.,
S/O LATE LINGAIAH,
AGED ABOUT 73 YEARS,
R/AT NO.282, 3RD CROSS,
BAZAR ROAD, NAZARABAD MOHALLA,
MYSORE CITY - 570 010.
                                         ... APPELLANT
(BY SRI.DHARMAPAL, ADVOCATE)

AND:
1.     CHIKKEGOWDA,
       S/O LATE CHANNEGOWDA,
       AGED ABOUT 56 YEARS,
       VARAKODU VILLAGE,
       VARUNA HOBLI, MYSORE TALUK,
       MYSORE DISTRICT.

2.     SMT. LAKSHMI,
       D/O CHIKKEGOWDA,
       AGED ABOUT 30 YEARS,
       VARAKODU VILLAGE, VARUNA HOBLI,
       MYSORE TALUK,
       MYSORE DISTRICT.

3.     SMT. GAYATHRI,
       W/O CHIKKEGOWDA,
       AGED ABOUT 44 YEARS,
       VARAKODU VILLAGE,
       VARUNA HOBLI, MYSORE TALUK,
       MYSORE DISTRICT.

4.     C. BALU,
       S/O CHIKKEGOWDA,
       AGED ABOUT 25 YEARS,
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      VARAKODU VILLAGE, VARUNA HOBLI,
      MYSORE TALUK,
      MYSORE DISTRICT.

5.    JAYARAMU,
      S/O LATE MUDDEGOWDA,
      AGED ABOUT 54 YEARS,
      R/AT KEMPAIAHANAHUNDI,
      T. NARASIPURA TALUK,
      MYSORE DISTRICT.

6.    B. BALARAJU,
      S/O LATE BOMMARASE GOWDA,
      AGED ABOUT 59 YEARS,
      R/AT VARUKODU VILLAGE,
      VARUNA HOBLI, MYSORE TALUK
      AND DISTRICT.

7.    STATE BY NAZARBAD POLICE,
      MYSORE CITY,
      MYSORE.
                                                ...RESPONDENTS

(BY SRI.C.M.SUBRAMANYA, ADVOCATE FOR R1 TO R6 (ABSENT)
        SRI.ABHIJITH K.S., HCGP FOR R7)


      THIS APPEAL IS FILED UNDER SECTION 372 OF CR.P.C.
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED
01.10.2010 IN CRL. APPEAL NO.51/2010 PASSED BY THE III
ADDL. SESSION JUDGE, MYSORE AND UPHOLD THE JUDGMENT
AND ORDER DATED 12.04.2010 IN C.C.NO.328/2008 PASSED
BY   THE   J.M.F.C.   -   III,   MYSORE   -   CONVICTING   THE
RESPONDENTS/ACCUSED FOR THE OFFENCES P/U/S 143, 323,
324, 504, 506 R/W SEC.149 OF IPC.


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

Learned counsel for the appellant files a memo

seeking withdrawal of the appeal. The memo reads as

under:

"The Appellant submits as follows-

The under signed Counsel has been duly instructed by the Appellant Sri. Shankaralingaiah to withdraw the above appeal since he is aged about 85 years and bedridden at Mysore.

Therefore it is prayed that the above appeal may kindly be dismissed as withdrawn, in the interest of justice."

The memo is taken on record. Accordingly, the

appeal is dismissed as withdrawn.

Sd/-

JUDGE

TL