IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.227 OF 2018 BETWEEN:
Basavanna, S/o Late Devanna, Aged about 47 years, R/at Manikyapura Village, DGM Halli post, Illavala Hobli, Mysuru Taluk and District. ...Appellant (By Sri.Mohana.J.S, Advocate) AND:
1. State by Yelwala Police, Mysuru Taluk and District, Mysuru.
2. Devanna (Since deceased Abeted) 3. Shivamma, 4. Nagaraju 5. Mahadevaswamy Respondent No.2 to 5 are Residing at Manikyapura Village, Mysuru Taluk and District, Mysuru. …Respondents ( By Sri. Divakar Maddur, HCGP) This Criminal Appeal is filed under Section 372 of Cr.P.C praying to set aside the judgment and order of acquittal dated 01.12.2017 passed by the J.M.F.C – II, Mysuru, in C.C.No.220/2009 – acquitting the respondent/accused for the offence punishable Under Sections 114, 323 and 324 R/w 34 of IPC.
This Criminal Appeal coming on for Orders this day, the Court made the following:
ORDER Called again.
2. Leaned counsel for the appellant present and submits that his client did not furnish him the certified copy of the order, as such, he could not comply the office objections.
3. A perusal of the order sheet goes to show that the present appeal was filed more than a year back and since then, till today, the matter is being adjourned only for compliance of office objections by the appellant.
Sufficient opportunities and five adjournments have already been granted to the appellant.
4. As submitted today by the learned counsel for the appellant that his client is not cooperating with him and has not furnished the necessary papers to be filed in this matter for compliance of office objections. That being the case, when the appellant himself has not supplied the necessary papers to his counsel, it shows that the appellant is not evincing any interest in prosecuting the matter, which has disabled the learned counsel from complying the office objections.
Accordingly, the Appeal stands dismissed for non-compliance of office objections.
Sd/- JUDGE bk/