- 1 - NC: 2025:KHC:12542 CRL.A No. 1988 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.1988 OF 2023 BETWEEN: SHAFIULLA SHARIEF S/O NAZIR AHMED, AGED ABOUT 44 YEARS, R/AT NO. 61, 7TH ‘A’ CROSS, GOVINDARAJANAGARA, NAGARABHAVI MAIN ROAD, BENGALURU – 560079 …APPELLANT (BY SRI MOHAMMED TAHIR, ADVOCATE) AND: VINODH KUMAR S/O SARJON RAO, AGED ABOUT 45 YEARS R/AT NO. 2638/7, 6TH ‘A’ MAIN, 10 ‘B’ CROSS, RPC LAYOUT, VIJAYANAGARA, BENGALURU 560040 …RESPONDENT THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER OF ACQUITTAL PASSED IN C.C.NO.25096/2015 DATED 03.11.2018 ON Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12542 CRL.A No. 1988 of 2023 THE FILES OF XXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE AT ANNEXURE-A ANDETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL JUDGMENT This matter is listed for consideration of I.A.No.1/2023 which is filed for seeking special leave and I.A.No.2/2023 which his filed for seeking condonation of delay of 1002 days in filing the appeal. 2. Admittedly, the impugned order was passed on 03.11.2018 and hence, there is a delay of 1002 days in filing the appeal and the reason assigned in the application that after the dismissal of the appeal, the appellant became so much anxious and underwent for depression and after that due to COVID-19 pandemic and due to his regular health issue, unable to approach this Court. Hence, prays to condone the delay of 1002 days in filing the appeal. - 3 - NC: 2025:KHC:12542 CRL.A No. 1988 of 2023 3. On perusal of the affidavit, it discloses that the reason assigned in the affidavit is very bald since the order was passed on 03.11.2018 and till March 2020, there is no pandemic for a period of two years, the appellant has not approached this Court immediately and there is no reason to that effect and in the affidavit also, only stated that due to COVID-19 and due to his regular health issue, he was unable to approach the Court but not placed any record before the Court with regard to his ill-health. The affidavit is very bald and there is an inordinate delay of 1002 days in filing the present appeal since the impugned order was passed in the year 2018 and appeal is filed in the year 2023 i.e., on 19.09.2023. In the absence of any satisfactory reason, the question of condonation of delay does not arise as well as issuance of notice to the respondent also does not arise. Hence, I.A.No.2/2023 is rejected. Consequently, the appeal is dismissed. - 4 - NC: 2025:KHC:12542 CRL.A No. 1988 of 2023 4. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE SN