Smt R Sujaya vs Sri Arun
2023 Latest Caselaw 77 Kant

                                                       -1-
                                                                   CRL.A No. 501 of 2015




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 2ND DAY OF JANUARY, 2023

                                                     BEFORE
                                    THE HON'BLE MR JUSTICE P.N.DESAI
                                  CRIMINAL APPEAL NO. 501 OF 2015 (A)
                      BETWEEN:

                      SMT. R. SUJAYA
                      W/O K.M.KRISHNA REDDY,
                      AGED ABOUT 59 YEARS,
                      R/AT.NO.552,
                      2ND FLOOR, 16TH A CROSS,
                      6TH SECTOR,
                      HSR LAYOUT,
Digitally signed by   BANGALORE 560 102.
NAGARATHNA M
Location: HIGH
COURT OF                                                                       ...APPELLANT
KARNATAKA

                      (BY SRI. G A VISWANATHA REDDY., ADVOCATE- ABSENT)

                      AND:

                      SRI. ARUN
                      S/O. MADAKARI NAYAKA SHIVALINGAPPA
                      R/AT NO.14, NRI INSTITUTE ROAD,
                      2ND STAGE, NAGARABHAVI,
                      PAPAREDDY PALYA,
                      BANGALORE -560 072.

                                                                             ...RESPONDENT

                      (NOTICE TO RESPONDENT SERVED UNREPRESENTED)

                            THIS APPEAL IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE
                      ORDER DATED 28.02.2015 PASSED BY THE COURT OF THE XXII ADDITIONAL CHIEF
                      METROPOLITAN MAGISTRATE, BANGALORE CITY, IN C.C.NO.22802 OF 2012 AND BY
                      ALLOWING THE ABOVE APPEAL WITH COSTS.

                            THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT
                      DELIVERED THE FOLLOWING:
                                  -2-
                                             CRL.A No. 501 of 2015




                             JUDGMENT

The appeal is called again in the second half session at

2.45 p.m.. There is no representation for the appellant.

2. The order sheet dated 06.12.2022 discloses that as

there was no representation for the appellant continuously, a

conditional order was passed stating that the appeal will be

dismissed, if there is no representation for the appellant on the

next date of hearing. Today also, there is no representation.

3. It is also evident that there are records that the earlier

CC was dismissed for non-prosecution. So, it appears that the

appellant is not interested in prosecuting the case. The appeal

is more than seven years old. There is no grounds to adjourn

the case.

Hence, the appeal stands dismissed.

Sd/-

JUDGE

MN