Karnataka High Court
Srigiddappa Narayanappa vs State Of Karnataka on 6 August, 2024
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NC: 2024:KHC:31213
MFA No. 4808 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.4808 OF 2024 (KPIDFA)
BETWEEN:
SRI. GIDDAPPA NARAYANAPPA
S/O LATE GIDDAPPA,
AGED ABOUT 68 YEARS,
PRESIDENT OF SEVEN HILLS,
GOLDEN STORE BUILDING,
3RD CROSS ROAD, RAO AND RAO
MANGALORE CITY,
KARNATAKA
...APPELLANT
(BY SRI. MADHAVA MURTHY B V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
MANGALORE NORTH POLICE STATION,
MANGALORE CITY,
DAKSHINA KANNADA,
Digitally REPRESENTED BY
signed by LEARNED PUBLIC PROSECUTOR
YAMUNA K L
Location: 2. ECONOMIC OFFENCES DEPARTMENT
High Court of PALACE ROD,
Karnataka
C.I.D., BENGALURU.
REPRESENTED BY
LEARNED PUBLIC PROSECUTOR.
...RESPONDENTS
THIS MFA IS FILED U/S.16 OF THE KARNATAKA
PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL
ESTABLISHMENTS ACT, AGAINST THE ORDER DATED.
07.11.2023 PASSED IN CRL. MISC.NO.381/2023 ON THE FILE
OF THE PRL. DISTRICT AND SESSIONS JUDGE,
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NC: 2024:KHC:31213
MFA No. 4808 of 2024
D.K.MANGALURU, REJECTING THE PETITION FILED UNDER
SECTION 438 OF CRIMINAL PROCEDURE CODE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
1. The present appeal is filed aggrieved by the order passed
by the Principal District & Sessions Judge, D.K.,
Mangaluru in Crl.Misc.No.381/2023 dated 07.11.2023.
2. The office has raised an objection with regard to
maintainability of the appeal against the order passed by
the Principal District & Sessions Judge, D.K., Mangaluru in
Crl.Misc.No.381/2023 dated 07.11.2023 since the petition
is filed under Section 438 of Cr.P.C., praying for grant of
anticipatory bail in view of Section 16 of KPIDFA Act, this
appeal is not maintainable.
3. Learned counsel for the appellant has relied on the
circular dated 12.10.2022, wherein, it is stated that in
view of Section 16 of the Karnataka Protection of Interest
of Depositors in Financial Establishments Act, 2004, the
appeal under Section 16 of the Karnataka Protection of
NC: 2024:KHC:31213
Interest of Depositors in Financial Establishments Act,
2004, shall be given sub classification as "MFA (KPIDFA)"
and the same shall be posted as per MFA's
(miscellaneous) Roaster and basing on that, the counsel
submits that the appeal is maintainable before this Court.
This court is not able to appreciate the said submission
and the said circular do not apply to the proceedings
arising out of an application filed under Section 438 of
Cr.P.C., appeal to the high Court in respect of criminal
proceeding cannot be a Miscellaneous First Appeal.
Hence, the appellant is permitted to withdraw this appeal
and file an appropriate petition.
4. Accordingly, the appeal is dismissed as withdrawn.
5. Registry is directed to return all the documents,
forthwith.
6. All IA's in this writ petition shall stand closed.
Sd/-
(LALITHA KANNEGANTI)
JUDGE
KA
CT: SNN
