A petitioner filed a criminal petition under Section 482 CrPC to set aside an order taking cognizance of an offence. The court dismissed the petition as withdrawn by the petitioner without memory clause.
The petition was dismissed as withdrawn with liberty to raise contentions before the Special Court pending application was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 30TH DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.100127/2021
BETWEEN:
NAGARAJ, S/O. DATTATRAYA VITTHALKAR AGE. 43 YEARS, PROPRIETOR OF SRINIDHI STONE CRUSHER, MANJUGUNI, SIRSI-581315, DIST. N.K. KARWAR. …PETITIONER
(BY SHRI A.P.MURARI, ADVOCATE)
AND:
(BY SHRI PRAVEEN K UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED ORDER AT ANNEXURE-A PASSED BY THE II ADDITIONAL JMFC, SIRSI,
2
HOLDING THE CONCURRENT CHARGE OF III JMFC COURT, SIRSI, IN C.C. NO.04/2021 DATED 05.01.2021 TAKING COGNIZANCE OF THE OFFENCES UNDER SECTION 21 OF MMDR ACT, 1957 AND RULE 44 OF KMMC RULES, AGAINST THE PETITIONER, ON THE BASIS OF THE PRIVATE COMPLAINT AT ANNEXURE-B FILED BY THE RESPONDENT NO.2.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a
memo seeking permission to withdraw the petition with liberty to raise all the contentions before the Special Court.
Petition is dismissed as withdrawn with
liberty as sought for.
Pending application does not survive for consideration and the same is disposed of.
(Sd/-) JUDGE
Jm/-
NAGARAJ
THE STATE OF KARNATAKA
DR. JAYARAM GANAPATI NAIK
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
