Smt. Latha. T vs Smt. Radha
2023 Latest Caselaw 8220 Kant

Karnataka High Court

Smt. Latha. T vs Smt. Radha on 23 November, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                            -1-
                                                        NC: 2023:KHC:42215
                                                  CRL.A No. 1113 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 23RD DAY OF NOVEMBER, 2023

                                        BEFORE
                     THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                          CRIMINAL APPEAL NO. 1113 OF 2023
               BETWEEN:

                     SMT. LATHA T.,
                     AGED ABOUT 48 YEARS,
                     W/O. SRI. M. PRABHURAM,
                     AGED ABOUT 48 YEARS,
                     COURIER AGENT,
                     RESIDING AT FLAT NO. 202,
                     2ND FLOOR, PUSHPAKANT RESIDENCY,
                     NO.36, 14TH MAIN ROAD,
                     GAYATHRINAGAR,
                     BANGALORE - 560 021.
                                                              ...APPELLANT
               (BY SRI. HUCHCHAPPA J KARIGAR, ADVOCATE)

               AND:

Digitally      1.    SMT. RADHA,
signed by
SOWMYA D             D/O. CHIKKA MADEGOWDA AND BYALAMA,
Location:            AGED ABOUT 49 YEARS.
High Court
of Karnataka   2.    MISS. BINDU,
                     D/O. SMT. RADHA,
                     AGED ABOUT 29 YEARS.

               3.    MISS. SINDHU,
                     D/O. RADHA,
                     AGED ABOUT 28 YEARS.
                             -2-
                                        NC: 2023:KHC:42215
                                   CRL.A No. 1113 of 2023




    ALL RESPONDENTS RESIDING AT
    NO.1185, 5TH CROSS,
    14TH MAIN ROAD,
    PRAKASHNAGAR,
    BANGALORE - 560 021.
                                           ...RESPONDENTS


     THIS CRL.A IS FILED U/S 378(4) OF CR.PC PRAYING TO
QUASH THE ORDER DATED 23.02.2023 PASSED IN
C.C.NO.16362/2019 PENDING ON THE FILE OF THE HONBLE
XXXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BENGALURU PRODUCED AS ANNEXURE-A, BY RESTORING THE
ENTIRE COMPLAINT FOR FRESH CONSIDERATION AS PER WELL
SETTLED PRINCIPLES OF LAW.

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

                        JUDGMENT

The learned counsel for appellant filed a memo

submitting that he has filed an appeal challenging the

impugned order of dismissal of the complaint in C.C.No.

16362/2019, dated 23.02.2023. He would further submit

that the appeal is not maintainable and he was required to

file a revision, since the complaint was dismissed at the

time of framing the charges. Hence, he has also sought

the leave in this regard.

2. The memo is placed on record.

NC: 2023:KHC:42215

3. In view of the memo, the appellant is permitted

to withdraw the appeal with a leave as prayed for, subject

to other limitations laid down under any other law.

Registry to return the relevant documents produced by the

appellant.

4. In view of the withdrawal of the appeal, I.A.No.

1/2023 and I.A.No.2/2023 does not survive for

consideration and accordingly, I.A.No.1/2023 and

I.A.No.2/2023 stand dismissed.

Sd/-

JUDGE

PHM

CT:SNN