IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL APPEAL NO.531 OF 2017 BETWEEN :
JOSEPH, S/O. LATE ANTHONY CRUOSE, AGED ABOUT 48 YEARS, RESIDING AT #129, HOUSE OPPOSITE HOUSE, 1ST CROSS, TIMMAIAH GARDEN, R.T.NAGAR, BANGALORE-560032.
... APPELLANT (BY SRI. MOHAMMED PASHA.C, ADV.,) AND:
STATE BY KARNATAKA, THROUGH R.T.NAGAR POLICE, BANGALORE CITY REP BY SPP, HIGH COURT CAMPUS, BANGALORE-560001.
... RESPONDENT (BY SRI. K.NAGESHWARAPPA, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 23.02.2017 AND SENTENCE DATED 28.02.2017 PASSED BY THE LIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN SPL.C.C.NO.417/2014 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 354 OF IPC AND SECTION 10 OF POCSO ACT AND ETC.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Criminal Appeal Nos. 531/2017 and 1421/2017 have been directed against the judgment and order of conviction passed by the LIV Additional City Civil and Sessions Judge, Bangalore (CCH-55) in Spl. C.C. No. 417/2014 on 23.2.2017. Since both the Appeals had been filed against same judgment, this Court had directed Court notice to the counsel Sri Harish Kumar who had filed the second Appeal in Criminal Appeal No. 1421/2017.
2. In the meanwhile, a letter has been received in the Registry from the Office of Chief Superintendent, Central Prison, Bengaluru, enclosing the communication dated 4.9.2017 addressed to the Court by the convict. The said letter is also placed on record.
3. In the light of the said letter disclosing that convict is inclined to prosecute the appeal filed by Sri Harish Kumar, Advocate and said Advocate also having filed an affidavit indicating thereunder the reasons for his absence on the previous two occasions when the matters were listed and not being aware of earlier Appeal, i.e., Criminal Appeal No. 531/2017 being filed, as also submission made by Sri Mohammed Pasha, learned Advocate that he may be permitted to withdraw Criminal Appeal No. 531/2017 in view of the fact that the convict himself has expressed that Criminal Appeal No. 1421/2017 would be prosecuted by Sri Harish Kumar, the present appeal deserves to be dismissed.
4. Memo is also filed by Sri Mohammed Pasha, learned advocate to withdraw Criminal Appeal No. 531/2017. Said memo is placed on record and Criminal Appeal No. 531/2017 is hereby dismissed as withdrawn.
5. It is also made clear that learned Advocates while filing Criminal Appeals on behalf of the convicts who are in custody are required to be careful and cautious so as to avoid two or three Appeals being filed against the same judgment and order of conviction.
Sd/- JUDGE ckl