IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL APPEAL NO.1115/2017 BETWEEN:
Sri. Sampath Kumar, S/o late Sanjivaiah, Aged about 53 years, R/at Bikkenahalli Village, Andanahalli Village and Post, Sarjapura Hobli, Anekal Taluk, Bengaluru Rural District. ... Appellant (By Sri.Venkatesh K, Advocate) AND:
Sri. Survesh Reddy, S/o Srinivas Reddy, R/at Kutaganghalli Village, Andenahalli Post, Sarajapura Hobli, Anekal Taluk, Bengaluru Urban District ...Respondent This Criminal Appeal is filed under Section 397 r/w 401 Cr.P.C. praying to set aside the impugned Judgment and Order dated 21.04.2017 in Crl.R.P.No.5004/2016 passed by the III Addl. District & Sessions Judge, Bengaluru Rural District, sit at Anekal, confirming the order passed by the Prl. Civil Judge Magistrate First Class, Anekal dated - 2 -
09.07.2015 in PCR No.217/2013 (C.C.No.250/2014) dismissing the complaint for non-prosecution and remit the case afresh.
This Criminal Appeal coming on for Orders this day, the Court delivered the following:
J U D G M E N T Office objections sustained.
Appeal is dismissed as not maintainable.
Order of dismissal would not come in the way of appellant challenging the order dated 21.04.2017 passed by the III Addl. District & Sessions Judge, Bengaluru Rural District, sit at Anekal and also order passed by Prl. Civil Judge and JMFC, Anekal dated 09.07.2015 passed in PCR No.217/2013 (CC No.250/2014) in accordance with law.
SD/- JUDGE SV