P. Daljit Ram Chowdary vs Sri. Mod Singh
2024 Latest Caselaw 9848 Kant

Karnataka High Court

P. Daljit Ram Chowdary vs Sri. Mod Singh on 4 April, 2024

                                             -1-
                                                       CRL.A No. 1019 of 2018
                                                           NC: 2024:KHC:13824




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF APRIL, 2024

                                           BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.1019 OF 2018
                   BETWEEN:

                      P. DALJIT RAM CHOWDARY
                      S/O SRI. P.PRABHURAM,
                      AGED ABOUT 37 YEARS
                      RESIDING AT NO.2645/5,
                      2ND MAIN TEMPLE ROAD,
                      V.V.MOHALLA, MYSORE - 570 024.
                                                                 ...APPELLANT
                   (BY SRI. VENKATESH R BHAGAT, ADVOCATE)

                   AND:

                      SRI. MOD SINGH
                      S/O MAG SINGH,
                      AGED ABOUT 58 YEARS
                      NO.198/A, KSHETHRAIAH ROAD,
                      K.R.MOHALLA, MYSORE - 570 024.
Digitally signed                                               ...RESPONDENT
by MADHURI S       (RESPONDENT - SERVED)
Location: High
Court of                 THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
Karnataka
                   PRAYING TO a) SET ASIDE THE ORDER DATED 04.09.2015
                   PASSED BY THE IV ADDITIONAL I CIVIL JUDGE (JR. DN.) AND
                   J.M.F.C., MYSURU DISMISSING THE COMPLAINT ON THE
                   GROUND OF NOT TAKING STEPS AGAINST THE ACCUSED AS
                   NOT PROSECUTED IN C.C.NO.1617/2007 AT ANNEXURE-A BY
                   ALLOWING THIS CRIMINAL APPEAL AND b) GRANT SUCH
                   OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT IN THE
                   CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
                   AND EQUITY.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                         -2-
                                                   CRL.A No. 1019 of 2018
                                                       NC: 2024:KHC:13824




                                  JUDGMENT

Learned counsel for the appellant is present through

video conferencing and confirms the fact that respondent

is no more.

In response to the bailable warrant issued against

the respondent, the concerned police have submitted the

report stating that the respondent has expired on

24.07.2023. Copy of the death certificate is also produced.

Since this appeal is filed by the complainant against

the acquittal of the respondent/accused, on the death of

the respondent/accused, appeal abates.

The Registry is directed to send back the trial Court

Records along with copy of this order.

In view of dismissal of appeal, all pending

application/s, if any, stand disposed of, since no further

order is required.

Sd/-

JUDGE MDS