Devaraj K Hadalgi vs the State of Karnataka

Devaraj K Hadalgi vs The State of Karnataka

Type Court Judgment Court Karnataka Dharwad Decided Apr 24, 2025

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Citation: sooperkanoon.com/1269612
Court: Karnataka Dharwad High Court
Judge: Shivashankar Amarannavar
Decided On: Apr 24, 2025
Case Number: CRL.A/100251/2025
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Devaraj K Hadalgi

Respondent

The State of Karnataka

Excerpt

.....road, hubballi, dharwad district. …appellant (by sri. kushal v. bolmal, advocate) and: the state of karnataka, represented by public prosecutor, karwar, deputy inspector of excise - 2. …respondent (by sri. abhishek malipatil, hcgp) digitally signed by yashavant narayankar this criminal appeal is filed under section 378 of location: high court of karnataka, dharwad bench, cr.p.c. 1973 (sec. 419 of bnss, 2023) seeking to set aside dharwadthe order or modify the order of deputy commissioner of excise, uk district karwar by its order no. exe/crm/dtcr/124/2021-22 dated 29.07.2024 confirmed by the order in crl.r.p. no. 118/2024 dated 30.11.2024 passed by the prl. district and sessions judge uttara kannada dist karwar in the interest of justice. this criminal appeal, coming on for orders this day,judgment was delivered therein as under:coram: the hon'ble mr. justice shivashankar amarannavar -2-oral judgmentthis appeal is filed under section 378 of cr.p.c./section 419 of bnss. the order challenged in this appeal is order passed by the deputy commissioner of excise, uttara kannada district, karwar, dated 29.07.2024 confirmed by the principal district and sessions judge, uttara kannada, karwar, in crl.r.p.118/2024. section 378 of cr.p.c./section 402 of bnss provides for filing of an appeal against acquittal. the order challenged has been passed by the deputy commissioner of excise, karwar, whereunder the vehicle has been ordered to be released toone devaraj k. hadalgi, with conditions. the said orderdoes not amount to acquittal. therefore, the present appeal filed under section 378 of cr.p.c./419 of bnss is not maintainable. hence, the appeal is dismissed as not maintainable. sd/- (shivashankar amarannavar) judge vmb ct-asc, list no.: 1 sl no.: 8

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100251 OF 2025 BETWEEN: DEVARAJ K. HADALGI, AGE: 38 YEARS, OCC: BUSINESS, MANAGER NANDI STEELS, R/O: TADPATRI GALLI, MOORSAVIRMATH ROAD, HUBBALLI, DHARWAD DISTRICT. …APPELLANT (BY SRI. KUSHAL V. BOLMAL, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY PUBLIC PROSECUTOR, KARWAR, DEPUTY INSPECTOR OF EXCISE - 2. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) Digitally signed by YASHAVANT NARAYANKAR THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 OF Location: High Court of Karnataka, Dharwad Bench, CR.P.C. 1973 (SEC. 419 OF BNSS, 2023) SEEKING TO SET ASIDE Dharwad
THE ORDER OR MODIFY THE ORDER OF DEPUTY COMMISSIONER OF EXCISE, UK DISTRICT KARWAR BY ITS ORDER NO. EXE/CRM/DTCR/124/2021-22 DATED 29.07.2024 CONFIRMED BY THE ORDER IN CRL.R.P. NO. 118/2024 DATED 30.11.2024 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE UTTARA KANNADA DIST KARWAR IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR -2-

ORAL JUDGMENT

This appeal is filed under Section 378 of Cr.P.C./Section 419 of BNSS. The order challenged in this appeal is order passed by the Deputy Commissioner of Excise, Uttara Kannada District, Karwar, dated 29.07.2024 confirmed by the Principal District and Sessions Judge, Uttara Kannada, Karwar, in Crl.R.P.118/2024. Section 378 of Cr.P.C./Section 402 of BNSS provides for filing of an appeal against acquittal. The order challenged has been passed by the Deputy Commissioner of Excise, Karwar, whereunder the vehicle has been ordered to be released to

one Devaraj K. Hadalgi, with conditions. The said order

does not amount to acquittal. Therefore, the present appeal filed under Section 378 of Cr.P.C./419 of BNSS is not maintainable. Hence, the appeal is dismissed as not maintainable. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VMB CT-ASC, List No.: 1 Sl No.: 8

Same Court & Year Karnataka Dharwad · 2025 Same Parties Devaraj K Hadalgi vs The State of Karnataka Same Subject Land Acquisition Same Judge Shivashankar Amarannavar