IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL APPEAL NO.995 OF 2019 BETWEEN:
Mrs.Suhana Gafoor, D/o.Late Syed Abdul Gafoor, Aged about 38 years, R/o Flat No.502, Felicity 2, New Bejai Road, Mangalore, D.K. District-575001.
(By Sri.Ajay Prabhu.M, Advocate for Sri.Sachin.B.S, Advocate) AND:
1. Safthar Ali, S/o.Abdul Shukoor, Aged about 55 years, R/at Near Masjid, Manachakkal Road, Shirva, Udupi Taluk and District-574114.
2. Noor Mohammed, S/o.Abdul Shukoor, Aged about 62 years, R/at Near Masjid, ... Appellant Manachakkal Road, Shirva, Udupi Taluk and District-574114.
3. The State of Karnataka, Through Police Inspector, Shirva Police Station, Udupi District, Represented by the, State Public Prosecutor, High Court Buildings, Bengaluru-560 001.
... Respondents (By Sri.M.Divakar Maddur, HCGP for R3; Notice not ordered in r/o R1 & 2) This Crl.A is filed u/s.374(2) of Cr.P.C., praying to set aside the impugned judgment dated 10.11.2016 passed by the III Additional Civil Judge and J.M.F.C., Udupi in C.C.No.1882/2009 - acquitting the respondent/accused for the offence p/u/s 406, 420 and 468 r/w 34 of IPC.
This Crl.A coming on for Orders, this day, the Court delivered the following:
J U D G M E N T Office has raised objections that the present appeal is not maintainable in view of Section 378 of Cr.P.C. It is further stated that the appeal lie to the Court of Sessions from the order of acquittal passed by the learned Magistrate in respect of cognizable and non- bailable offences.
2. On close reading of Section 378 of Cr.P.C., an appeal lie to the Court of Sessions from an order of acquittal passed by the learned Magistrate in respect of cognizable and non-bailable offences. In that view of the matter, the appellant is directed to present the present appeal before the Jurisdictional District and Sessions Judge.
3. The registry is directed to return the file to the appellant on proper identification and acknowledgment to file before the proper Court by keeping the copies of all the records.
4. The period consumed during the pendency of this appeal before this Court may be liberally considered.
The trial Court is also directed not to destroy the property till the appeal is disposed off by the learned District Judge.
Appeal is disposed off with the above observation.
Sd/- JUDGE VBS CT:RG