Sri P M Umesh vs State Of Karnataka
2023 Latest Caselaw 4601 Kant

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                                                    CRL.A No. 2243 of 2018
                                                         NC: 2023:KHC:25002




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 18TH DAY OF JULY, 2023

                                         BEFORE
                          THE HON'BLE MS JUSTICE J.M.KHAZI
                          CRIMINAL APPEAL NO.2243 OF 2018
                BETWEEN:

                      SRI P M UMESH
                      S/O P MALLAPPA
                      AGED ABOUT 52 YEARS,
                      R/AT MALLESHWARA SWAMY TEMPLE ROAD
                      MADHUGIRI TOWN
                      TUMKUR DIST - 572 101

                                                                ...APPELLANT
                (BY SRI. HARISH H V, ADVOCATE)

                AND:

                1.    STATE OF KARNATAKA
                      REP. BY MADHUGIRI POLICE
                      MADHUGIRI
Digitally signed      NOW REP. BY PUBLIC PROSECUTOR
by REKHA R            HIGH COURT, HIGH COURT COMPLEX,
Location: High        BENGALURU - 560 001
Court of
Karnataka        2.   BHAGYAPRASAD
                      S/O SIDDABASAPPA
                      AGED ABOUT 38 YEARS,
                      R/AT MADHUGIRI TOWN
                      TUMKUR DIST - 572 101
                                                             ...RESPONDENTS
                (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1;
                    SRI. VIVEK S, ADVOCATE FOR R2)

                     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
                378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND
                ORDER DATED 10.10.2018, PASSED BY THE ADDITIONAL CIVIL
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                                   CRL.A No. 2243 of 2018
                                        NC: 2023:KHC:25002




JUDGE AND JMFC, AT MADHUGIRI IN C.C.NO.1216/2015, FOR
THE OFFENCES UNDER SECTION 448 & 506 OF INDIAN PENAL
CODE IN THE ABOVE PETITION AND CONVICT THE ACCUSED,
IN THE INTEREST OF JUSTICE.

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

                        JUDGMENT

No representation for appellant.

No representation for appellant even in the afternoon

session.

Learned High Court Government Pleader for respondent

No.1 and learned counsel for respondent No.2 present.

This appeal is filed challenging the impugned judgment

and order dated 10.10.2018 in C.C.No.1216/2015 passed by

the Addl.Civil Judge & JMFC., Madhugiri for the offences

punishable under Sections 448 and 506 I.P.C. Since this

appeal is filed by the complainant against the order passed

by the JMFC Court, the appeal lies to the Sessions Court.

Reserving liberty to the appellant to submit the appeal

before the Sessions Court, within a period of one month from

CRL.A No. 2243 of 2018 NC: 2023:KHC:25002

today, this appeal is disposed of as not maintainable before

this Court.

In view of disposal of appeal as not maintainable,

application I.A.No.1/2018 for Special leave is also disposed

of.

Sd/-

JUDGE

RR