Smt Sumathi T R vs Mr M Lakshman
2024 Latest Caselaw 27271 Kant

Karnataka High Court

Smt Sumathi T R vs Mr M Lakshman on 13 November, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                              NC: 2024:KHC:46016
                                                        CRL.A No. 1030 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                               CRIMINAL APPEAL No. 1030 OF 2023
                      BETWEEN:

                         SMT. SUMATHI T R
                         WORKING AS FEC FEMALE CONSECUTION WARD
                         AGED ABOUT 48 YEARS
                         M. S RAMAIAH TEACHING HOSPITAL
                         MSRT POST
                         BENGALURU - 560 054.
                                                           ...APPELLANT

                      (BY SRI GANGARAJA REDDY H A - ABSENT)

Digitally signed by   AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH           MR. M LAKSHMAN
COURT OF                 SON OF MAYANNA
KARNATAKA
                         AGED ABOUT 45 YEARS
                         RESIDING AT No.81
                         4TH MAIN ROAD
                         MARUTHI EXTENSION
                         BENGALURU - 560 021.
                                                                 ...RESPONDENT

                           THIS CRL.A IS FILED UNDER SECTION 378(4) OF Cr.P.C.
                      PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
                      01.04.2023   BY    THE    LEARNED   TRIAL  COURT      IN
                      CRL.A.No.188/2020 AND RESTORE THE SAME AND ETC.,

                          THIS APPEAL COMING ON FOR ORDERS THIS DAY,
                      JUDGMENT WAS DELIVERED THEREIN AS UNDER:

                      CORAM:   HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                      -2-
                                                      NC: 2024:KHC:46016
                                               CRL.A No. 1030 of 2023




                         ORAL JUDGMENT

The appellant appeared in person and files a memo

for withdrawal. The memo reads thus;

"I, Sumathi T.R, Appellant in the above case, do respectfully submit that, my Advocate on record, Sri.Gangaraja Reddy H.A has filed the above Criminal Appeal before this Hon'ble Court challenging the Order dated 01.04.2023 in Crl.A.188/2020 passed by Hon'ble LXXV Addl.City Civil and Sessions Judge, Bengaluru confirming the Order in CC.18400/2015 passed by Hon'ble XII Addl.Chief Judicial Magistrate, Bengaluru, wherein Office has raised several Objections including regarding maintainability as to filing of Criminal Revision Petition, instead of Criminal Appeal. As my Advocate on record has failed to appear and rectify the office objections, I may be permitted to withdraw the above appeal, with liberty to file necessary Petition, in the circumstances of the case and in the interest of justice."

In view of the memo, the appeal is dismissed as

withdrawn, with liberty to file the necessary petition.

NC: 2024:KHC:46016

Registry is directed to return the documents to the

appellant.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

GH