The State By vs Sheik Nazeer
2024 Latest Caselaw 932 Kant

Karnataka High Court

The State By vs Sheik Nazeer on 10 January, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                              NC: 2024:KHC:1178
                                                         CRL.A No. 2300 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 10TH DAY OF JANUARY, 2024

                                             BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                CRIMINAL APPEAL NO. 2300 OF 2023
                      BETWEEN:

                         THE STATE BY
                         INSPECTOR OF POLICE,
                         KAPU POLICE STATION,
                         REPTD BY THE
                         STATE PUBLIC PROSECUTOR,
                         HIGH COURT BUILDING,
                         BENGALURU 1
                                                                   ...APPELLANT
                      (BY SRI M. DIVAKAR MADDUR, HCGP)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI       AND:
Location: HIGH
COURT OF
KARNATAKA                SHEIK NAZEER,
                         S/O LATE SHEIK ABDUL KADHAR,
                         AGED 54 YEARS,
                         R/AT SHAN MANJIL AGRAHARA,
                         YANAGUDDE VILLAGE,
                         UDUPI
                                                                 ...RESPONDENT

                           THIS CRL.A IS FILED U/S 378(1)(3) CR.PC PRAYING TO
                      1.GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND
                      ORDER OF ACQUITTAL DATED 18.05.2023 PASSED BY THE II
                      ADDL.FIRST CLASS JUDICIAL MAGISTRATE, UDUPI IN
                      CRIMINAL CASE NO.1052/2018 ACQUITTING THE ACCUSED
                      PERSONS FOR THE OFFENCE P/U/S 323,324,504,506 OF IPC.
                      2.SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL
                      DATED 18.05.2023 PASSED BY THE II ADDL.FIRST CLASS
                      JUDICIAL   MAGISTRATE     UDUPI   IN    CRIMINAL   CASE
                      NO.1052/2018 ACQUITTING THE ACCUSED PERSONS FOR THE
                      OFFENCE P/U/S 323,324,504,506 OF IPC. 3.CONVICT AND
                              -2-
                                          NC: 2024:KHC:1178
                                     CRL.A No. 2300 of 2023




SENTENCE THE RESPONDENT - ACCUSED FOR THE OFFENCE
P/U/S 323,324,504,506 OF IPC.

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

                         JUDGMENT

Learned counsel for the appellant files a memo

seeking withdrawal of the appeal.

Memo reads thus.

"The under signed counsel appearing for the State by its Inspector of Police, Kopu Police Station hereby filing memo stating that kindly be pleased to permit the State to withdraw the Appeal as liberty to file appeal before appropriate Court in the ends of justice"

In view of the memo, the appeal is dismissed as

withdrawn with liberty as prayed.

Sd/-

JUDGE

DSP