The High Court of Karnataka dismissed a Criminal Petition under Section 482 CrPC filed to quash an FIR as withdrawn by the petitioner, giving liberty to file another petition if permitted by law.
Petition dismissed as withdrawn with liberty to file another petition if the law so permits.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF DECEMBER 2016
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.5003 OF 2016
BETWEEN:
Sri. Vinay Babu Bheema, No-1/5/599/M, Flat No.310, Meghana Residency, Balaji Colony, Tirupati-517502. Now at resident of Vinay Babu 22-4-63, Flat 502, Sri Radhe Shyam Residency, Vinayaka Sagar Road, Reddygunta, Akkarampalle, Tirupati – 571507.
…PETITIONER
(By Shri K.V.Sateeshchandra, Advocate)
AND:
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Represented by State Public Prosecutor office, High Court Building, Bangalore – 560 001.
Apartment, G Block,
Bangalore – 560 092.
…RESPONDENTS
(By Shri B. Visweswaraiah, Government Pleader for Respondent No.1/State)
This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the FIR in Crime No.216/2015 and PCR No.8962/2015 filed for the offence punishable under Sections 379, 315, 420, 448, 504, 506 and 120(B) read with 34 of IPC registered by the respondent No.1 police on the complaint of second respondent for the offence punishable under Sections 379, 315, 420, 448, 504, 506 and 120(B) read with 34 of IPC pending on the file of Chief Metropolitan Magistrate, Bangalore, as illegal and abuse of process of law.
This Criminal Petition coming on for Orders this day, the court made the following:
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O R D E R
The learned Counsel for the petitioner has filed a memo
seeking to withdraw the petition with liberty to file a fresh petition.
The memo is placed on record and the petition is
dismissed as withdrawn, with liberty to file yet another petition,
if the law so permits.
Sd/-
JUDGE
nv
1 issue framed by the court
Whether the Criminal Petition seeking quashing of FIR can be dismissed upon withdrawal with liberty to file a fresh petition.
1 provisions across 1 enactments
Sri. Vinay Babu Bheema
State of Karnataka
Sri. Kalyan Krishna Bandaru
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
