IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.2126 OF 2016 BETWEEN:
Smt. Rama Dhasharatha W/o. Dhasharatha, Aged about 48 years, R/at No.40, First Cross, Pillamma Block, 9th Main, Sriramapuram, Bengaluru-560 021. ...Appellant (By Sri. N.Surendra Kumar, Advocate) AND:
1. M.Aruna S/o. Murugesha, Aged about 24 years, No.6, 1st Cross, Pillamma Block, 9th Main, Srirampuram, Bengaluru-560 021.
2. State of Karnataka, Rep. by State Public Prosecutor, High Court of Karnataka.
...Respondents (By Sri. Divakar Maddur, HCGP for R-2) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the Judgment dated:02.09.2016 passed by the VII ACMM, Bengaluru in C.C.No.4236/2013 – acquitting the respondent/accused for the offence punishable under Section 324, 504 and 506 of IPC.
This Appeal coming on for Orders, this day, the Court made the following:
ORDER Called again in the third round. There is no representation from the appellant’s side.
2. A perusal of the order sheet go to show that in this appeal of the year 2016, inspite of granting several and sufficient opportunities, the appellant has not taken appropriate steps by furnishing copies of appeal memo and interlocutory applications to issue notice to the unserved respondent No.1. Sufficient time and adjournments were granted to the appellant to do the needful including as a last chance, a day’s time was granted.
Therefore, it has to be presumed that the appellant is not showing any interest in prosecuting the matter by taking necessary steps to ensure service of notice upon unserved respondent No.1, as such, the appeal stands dismissed for not taking steps.
Sd/- JUDGE GH