Sri. H S Shanmuka vs Sri. Kantaraju C M
2024 Latest Caselaw 19884 Kant

Karnataka High Court

Sri. H S Shanmuka vs Sri. Kantaraju C M on 7 August, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                         -1-
                                                     NC: 2024:KHC:31925
                                                CRL.A No. 633 of 2024




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 7TH DAY OF AUGUST, 2024

                                       BEFORE
                   THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                        CRIMINAL APPEAL NO. 633 OF 2024
                BETWEEN:

                SRI. H S SHANMUKA
                S/O SIDDAMALLAIAH,
                AGED ABOUT 45 YEARS,
                PROP: S AND S ASSSOCIATES,
                CLASS - I CONTRACTOR,
                PWD.

                R/O HEMAVATHI COMPOUND,
                NEAR MARUTHI INTERNATIONAL SCHOOL,
                I CROSS, SIDDAGANGA EXTENSION,
                TUMKUR DISTRICT.
                PIN 572 101.
                                                      ...APPELLANT
                (BY SRI. SOMASHEKHARAIAH R P.,ADVOCATE)

Digitally       AND:
signed by       SRI. KANTARAJU C M
YAMUNA K L      S/O MAHALINGAIAH,
Location:       AGED ABOUT 35 YEARS,
High Court of   R/AT CHATTANAHALLI,
Karnataka       KASABA HOBLI,
                TIPTUR TALUK,
                TUMKUR DISTRICT
                                                     ...RESPONDENT
                     THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING
                SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION
                PASSED BY THE LEARNED V ADDL.DISTRICT AND
                SESSIONS JUDGE, TIPTUR, DATED 13.09.2023 IN
                CRL.A.NO.10006/2023 AND DISMISS THE COMPLAINT
                                -2-
                                             NC: 2024:KHC:31925
                                         CRL.A No. 633 of 2024




FILED BY THE RESPONDENT AND FURTHER BE PLEASED
TO ACQUIT THE APPELLANT/ACCUSED.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ


                         JUDGMENT

Appellant herein has already exhausted the remedy of an

appeal before the Sessions Court. Hence office objection

regarding maintainability is upheld.

2. Learned counsel for the appellant seeks permission

of the Court to withdraw the appeal and file a Criminal Revision

Petition before this Court. Same is permitted.

3. Appeal is dismissed as withdrawn.

4. Registry is directed to return the certified copy of

the orders furnished along with the appeal, retaining photocopy

of the same.

Sd/-

(MOHAMMAD NAWAZ) JUDGE

LDC