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.268 OF 2018 BETWEEN:
Smt. Sharada, Aged about 38 years, W/o.Manjunatha, R/at Behind Kariyamma Temple, Arsikere Town, Arsikere Taluk-573 103, Hassan District. …Appellant (By Sri. M.R.Nagabhushana, Advocate) AND:
Smt. Savitha Major, W/o. Anand R/at Behind Veerabhadraswamy Temple, Vrushabendra Nagara, (Behind Shiva Temple), Arsikere Town, Arsikere Taluk-573 103, Hassan District. …Respondent (By Sri. M.V.Sridhar Chakravarthi, Advocate) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the judgment and order of acquittal dated: 04.11.2016 passed by the V Additional District and Sessions Judge, Hassan in Crl.A.No.175/2015 and to confirm the judgment and order of conviction dated:15.10.2015 passed by the Senior Civil Judge and J.M.F.C., Arasikere in C.C.No.119/2014.
This Criminal Appeal coming on for Orders this day, the Court made the following:
ORDER Called again in the second round.
Learned proxy counsel for the appellant present and prays for an adjournment.
2. A perusal of the order sheet reveals the following facts:
This matter was originally filed by the appellant as a Criminal Revision Petition, having numbered as Criminal Revision Petition No.155/2017. Later on, by the order of this Court dated 2.2.2018, the said Revision Petition was permitted to be converted into a Criminal Appeal. As such, the present Criminal Appeal was assigned the number as Criminal Appeal No.268/2018. Thus, the present matter is of the year 2017. The date of filing of the matter originally is on 31.1.2017, as such, it is more than two years old now.
Even after two years, the appellant has not complied the office objections till date. Several and sufficient opportunities were given to the appellant to comply the office objections. Despite which, the appellant has not evinced any interest for compliance of the office objections. On 19.11.2018, this Court has made the following order :
“ At the request of learned counsel for the appellant, as a last chance, a week’s time is granted to comply office objections.
List the matter immediately thereafter.”
Similarly, on 7.1.2019, this Court made the following order :
“ Learned counsel for the appellant prays for time.
Noticing the fact that twice time has already been granted to comply the office objections even as a lst chance, once again today a week’s time is granted making it clear that no further time would be granted to comply the office objections.
List this matter in the next week.”
In spite of granting sufficient opportunities again as a last chance and even as an ultimate chance, the appellant has not complied the office objections and also is not evincing any interest in complying the office objections. A perusal of the office objections would go to show that compliance of those objections would not take much time. In such circumstances, there is no point in retaining the matter only to comply the office objections for such a long time, which in the instant case, is more than two years.
As such, the Appeal stands dismissed for non-compliance of office objections.
Sd/- JUDGE bk/-