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2023 Supreme(Online)(KAR) 15587
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CRL.A No. 200007 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 200007 OF 2023
BETWEEN:
TIRUMALESH @ TIRUMALA REDDY
S/O HUSENAPPA KAPU
AGE: 37 YEARS, OCC: COOLIE,
R/O MADDIPET, RAICHUR
…APPELLANT
(BY SRI SHIVANAND PATIL , ADVOCATE)
AND:
1.
THE STATE THROUGH
MARKET YARD P.S. RAICHUR
BY THE SPL. PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURGI BENCH-585107.
2.
GOVINDAMMA W/O TIMMAPPA NAYAK
AGE: 43 YEARS OCC: HOUSE HOLD
R/O 12-818-94, NEAR HONNAPPA TATA TEMPLE,
MAILAR NAGAR
RAICHUR.
…RESPONDENT
(BY SRI SHARANABASAPPA M. PATIL ,HCGP FOR R1.
NOTICE TO R2 SERVED)
THIS CRIMINAL APPEAL IS FILED U/S.374 (2) OF CR.P.C
PRAYING TO SET ASIDE THE ORDER OF CONVICTION DATED
19.09.2022 PASSED BY THE SPECIAL COURT FOR CASES UNDER THE
SC/ST (POA) ACT AND IST ADDL. SESSIONS JUDGE, RAICHUR IN
SPL. CASE (A) NO 424/2017 CONVICTING THE APPELLANT FOR
OFFENCE PUNISHABLE UNDER SECTION 304-PART-II OF IPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
Digitally
signed by
KHAJAAMEEN
L MALAGHAN
Location: High
Court of
Karnataka
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CRL.A No. 200007 of 2023
The learned counsel for the appellant has filed a memo
seeking leave of this Court to with draw the appeal.
2.
The memo reads as under:
“The above appeal is filed by the appellant
aggrieved by the order of conviction and sentence
of the court below. The undersigned counsel for
the appellant has received a letter addressed to
the counsel by the Appellant along with the
covering
letter
by
the
Jail
Superintendent,
requesting for withdrawal of the case. The letter
of the accused/appellant, the covering letter of
the Jail Superintendent along with the postal
cover
is
enclosed
herewith
under
list
of
documents.
On
receipt
of
the
same,
the
undersigned counsel also cross-checked with his
counterpart in the court below who also made
enquires with the relatives of accused and who
have confirmed the desire of the appellant to
withdraw the case. It is clear from the said letter
that the appellant/accused does not intend to
continue the case and hence the same be
dismissed as withdrawn”.
On perusal of the averments made in the said memo, it is
appropriate to grant leave to withdraw the appeal. Accordingly,
criminal appeal is dismissed as withdrawn.
Sd/-
JUDGE
UN
List No.: 3 Sl No.: 2
