Mrs Rafia Khatoom vs Mr Patan Mansoor Rehman Khan
2024 Latest Caselaw 3537 Kant

Karnataka High Court

Mrs Rafia Khatoom vs Mr Patan Mansoor Rehman Khan on 6 February, 2024

                                             -1-
                                                    CRL.A No. 1572 of 2023
                                                            NC: 2024:KHC:4989




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 6TH DAY OF FEBRUARY, 2024

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.1572 OF 2023
                   BETWEEN:

                       MRS. RAFIA KHATOOM,
                       W/O PATAN MANSOOR REHAMAN KHAN,
                       AGED ABOUT 40 YEARS,
                       R/AT NO.1, 2ND FLOOR, CHANDRIKA,
                       KRISHNA APARTMENTS, KRISHNA TEMPLE ROAD
                       OPP. CHIKKAVENKATAPPA LAYOUT,
                       D B SANDRA, BENGALURU - 560 097.
                       PRESENTLY RESIDING AT
                       NO.8-1-366/A/34, KHANKI NAGAR COLONY,
                       TOLI CHOWKI, HYDERABAD - 500 008.
                                                              ...APPELLANT
                   (BY SRI. RENSPRE PRITHESH D'SOUZA, ADVOCATE)

                   AND:

                   1.   MR PATAN MANSOOR REHMAN KHAN
                        S/O PATAN KHALEEL TEHMAN KHAN
Digitally signed
by MADHURI S            AGED ABOUT 33 YEARS,
Location: High          R/AT NO.1, 2ND FLOOR, CHANDRIKA,
Court of
Karnataka               KRISHNA APARTMENT, KRISHNA TEMPLE ROAD
                        OPP. CHIKKAVENKATAPPA LAYOUT,
                        D B SANDRA, BENGALURU - 560 097.

                   2.   THE STATE OF KARNATAKA
                        BY VIDYARANYAPURA POLICE STATION,
                        REP. BY STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA,
                        BENGALURU - 560 001
                                                             ...RESPONDENTS
                                -2-
                                      CRL.A No. 1572 of 2023
                                           NC: 2024:KHC:4989




     THIS CRL.A IS FILED UNDER SECTION 372 OF CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
ORDER OF ACQUITTAL DATED 11.04.2023 PASSED BY THE
HON'BLE   COURT     OF   XLI     ADDITIONAL   METROPOLITAN
MAGISTRATE AT BENGALURU IN C.C.NO.35142/2014 FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 498A, 504 OF IPC
AND SECTIONS 03 AND 40 OF DOWRY PROHIBITION ACT.


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


                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of the Court to withdraw the appeal

with liberty to file the same before the Sessions Court.

The aforesaid memo is taken on record.

In the light of the same, this appeal is dismissed as

withdrawn. The appellant is at liberty to file appeal before

the Sessions Court within a period of one month from

today, in which event, the time spent before this Court

shall be excluded from the period of limitation.

The Registry is directed to return the certified copies.

NC: 2024:KHC:4989

In view of dismissal of appeal, all pending

application/s, if any is/are also disposed of, since no

further orders is required.

Sd/-

JUDGE

MDS