IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 BEFORE THE HON' BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL APPEAL NO.2113 OF 2016 BETWEEN AZEEMA BI W/O LATE SYED ABDUL LATEEF AGED ABOUT 88 YEARS RETD. TEACHER R/AT NO.21, SEETHAPPA LAYOUT MANORAYANA PALYA R.T.NAGAR BENGALURU – 560 032 ... APPELLANT (BY SMT. NALINA K, ADV. FOR SRI. VENKATA REDDY S.K., ADV.) AND 1. STATE OF KARNATAKA BY KORATAGERE POLICE STATION 2. SYED ISHRAD AHAMAD S/O LATE SYED HAYATH SAB AGE: MAJOR 3. SYED IFRAN AHAMAD S/O LATE SYED HAYATH SAB AGE: MAJOR 4. SYED VASIL @ VASIL AHAMAD S/O LATE SYED HAYATH SAB AGE: MAJOR 2 TO 4 ARE RESIDING AT NEAR MASJID KORATAGERE TOWN TUMAKURU DISTRICT – 572 129 ... RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF ACQUITTAL DATED 07.10.2016 PASSED IN C.C.NO.340/2010 BY THE JMFC KORATAGERE BY ALLOWING THIS APPEAL AND CONSEQUENTLY CONVICT THE ACCUSED/RESPONDNETS FOR THE OFFENCE P/U/S 420, 423, 465, 467, 468 R/W 34 OF IPC AND PUNISH THEM BY PASSING PROPER SENTENCE.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT In view of Section 372 of Cr.P.C., Office objection is sustained. Appeal is dismissed as not maintainable before this Court.
Registry is directed to return the certified copy of the order under challenge, if sought for, on being substituted by photo copy.
In the event of appeal being presented before the jurisdictional Sessions Court on or before 21.8.2017, said appeal shall be treated as having been filed on time.
SD/- JUDGE PSG