Gangadhar vs Krishnadas And Ors on 23 September, 2022

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Karnataka High Court

Gangadhar vs Krishnadas And Ors on 23 September, 2022

Bench: P.N.Desai

                                1




            IN T HE HIG H C OU RT OF KA RNAT AKA
                    KAL AB UR AG I BE NC H

      D AT ED T HIS T HE 2 3 R D D AY OF SE PT E MB ER, 2022

                            BE FORE

            THE HON'B LE MR. J UST IC E P .N.D E SA I

             C RIM IN AL A PPE A L N o. 200081/2019

BETWEEN

GANGADHAR
S/O VAMANRAO LALGE,
AGE:78 YEARS, OCC:ADVOCATE,
R/O "AMIT" J.M.ROAD, VIJAYAPUR
                                                  ...APPELLANT
(BY SRI. UMESH V. MAMADAPUR, ADVOCATE)

AND

1.     KRISHNADAS
       S/O NAMADEV NAMADAS,
       AGE:69 YEARS, OCC:NIL,
       R/O UMADE GALLI, H.NO.2581,
       PANDHARPUR, DIST.SOLAPUR.

2.     MUKUND S/O TUKARAM NAMADAS
       AGE:54 YEARS, OCC:GOVT.SERVICE
       R/O NAMADEV MANDIR, PANDHARPUR
       DIST.SOLAPUR.

3.     BHAKTI W/O KRISHNADAS NAMADAS
       AGE:33 YEARS, OCC:NIL,
       R/O UMADE GALLI, PANDHARPUR,
       DIST.SOLAPUR.
                                               ...RESPONDENTS

(BY SRI. SACHIN M. MAHAJAN, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DATED: 03.04.2019 PASSED BY THE III ADDL. JMFC VIJAYAPUR IN CRIMINAL CASE NO.1248/2010 ACQUITYING THE RESPONDENTS ACCUSED FOR THE OFFENCE P/U/S 499 AND 500 OF IPC, THE APPELLANT PRAYS THAT THEY MAY BE CONVICTED.

THIS AP PE AL C OMING ON FOR AD MIS SION T HIS DAY , T HE C OURT D ELIVERE D THE FOLL OW I NG :

JU DG EMENT S ri. Um esh V . Mamad apu r, learned counsel fo r the ap pellant ap pearing thro ugh vid eo conferencing files a m emo stated th at th e appellant died on 23.03.2020. It is also stated that said ap p ellant Sri.G .V.Lalge Ad vocate from V ijayapura and on his beh alf S ri.S.S.M amad apur files a m emo.

L earned cou nsel for the resp ond ents is p resent.

M emo reads as under:

"It is sub mitted that the appellant has died on 2 3.03.2020. Hence, th e app eal does not su rvive for consideration and th e same may kindly be dismiss ed as abated . Hence, th e memo."

In view of the m emo, th e ap peal does not survive for con sid eration and ap peal stands ab ated.

Sd/-

JUDGE s du

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Karnataka High Court