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High Court of Karnataka · body

2026 DAILYLAW 49682 (KAR)

SMT ROSE ALMEIDA v. PARISH PRIEST

CRL.A/258/2015 · 2026-01-09

G Basavaraja

Criminal Appealbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1403 CRL.A No. 258 of 2015 C/W CRL.A No. 257 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 258 OF 2015 C/W CRIMINAL APPEAL NO. 257 OF 2015 IN CRL.A No. 258/2015 BETWEEN: 1. SMT. ROSE ALMEIDA R/O NO.3, SHANTHI NILAYAM GROUND FLOOR, 3RD & 4TH STREET CHANDINI CHOWK ROAD CROSS BEHIND ST.MARY'S BASILICA SHIVAJI NAGAR BANGALORE-560 051. …APPELLANT (BY SRI. PRATHAP K., ADVOCATE [ABSENT]) AND: 1. PARISH PRIEST REPRESENTED BY REV.FR.A.S.ANTHONYSWAMY ST.MARY'S BASILICA SHIVAJI NAGAR BANGALORE-560 046. REP. BY THEIR GPA HOLDER REV.FR.D.DEVADASS. …RESPONDENT (BY SMT. RENY SEBSTIAN, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1403 CRL.A No. 258 of 2015 C/W CRL.A No. 257 of 2015 THIS CRL.A. IS FILED UNDER SECTION 341 OF CR.P.C PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 02.02.2015 DISMISSING I.A. UNDER SECTION 340 OF CODE OF CRIMINAL PROCEDURE IN S.C.NO.15679/2011 PASSED BY THE XV ADDL. SMALL CAUSES JUDGE, SCCH-19, MAYO HALL UNIT, BANGALORE AND FURTHER, ISSUE DIRECTION TO REGISTER A CRIMINAL COMPLAINT U/S 193 & 209 OF IPC AGANST THE RESPONDENT AND PW1. IN CRL.A NO. 257/2015 BETWEEN: 1. MR. CHARLES JOHN S/O LATE GNANAPRAGASAM AGED ABOUT 69 YEARS R/O NO.3, SHANTHINILAYAM FIRST FLOOR, 3RD & 4TH STREET CHANDHINI CHOWK ROAD CROSS BEHIND ST.MARY'S BASILICA SHIVAJI NAGAR BANGALORE-560 051 ...APPELLANT (BY SMT. PRATHAP K., ADVOCATE [ABSENT]) AND: 1. PARISH PRIEST REPRSENTED BY REV.FR.A.S.ANTHONYSWAMY ST.MARY'S BASILICA SHIVAJI NAGAR BANGALORE-560 046. REP. BY THEIR GPA HOLDER REV.FR.D.DEVADASS. ...RESPONDENT (BY SMT. RENY SEBASTIAN, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 341 OF CR.P.C PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 02.02.2015 DISMISSING I.A. UNDER - 3 - HC-KAR NC: 2026:KHC:1403 CRL.A No. 258 of 2015 C/W CRL.A No. 257 of 2015 SECTION 340 OF CODE OF CRIMINAL PROCEDURE IN S.C.NO.15680/2011 PASSED BY THE XV ADDL. SMALL CAUSES JUDGE, SCCH-19, MAYO HALL UNIT, BANGALORE AND FURTHER, ISSUE DIRECTION TO REGISTER A CRIMINAL COMPLAINT U/S 193 & 209 OF IPC AGANST THE RESPONDENT AND PW1. THESE APPEALS, COMING ON FOR ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The cases called out. The appellants' counsel is absent. No representation made on behalf of the appellants. Today these cases are posted for arguments finally. These appeals are filed against the orders passed on the applications under Section 340 of Cr.P.C. The same were rejected by the trial Court. 2. It is submitted by the learned counsel for the respondent that the matters are already settled in Civil Revision Petition No.369/2019 dated 21.03.2025 and S.C.No.15680/2011 dated 25.03.2019. 3. Hence, it appears that appellants are not interested in prosecuting these appeals. Hence, I proceed to pass the following: - 4 - HC-KAR NC: 2026:KHC:1403 CRL.A No. 258 of 2015 C/W CRL.A No. 257 of 2015 ORDER The appeals stand dismissed for default and non- prosecution. Sd/- (G BASAVARAJA) JUDGE PGG List No.: 1 Sl No.: 35