Anticipatory bail petition under Section 438 CrPC was dismissed as it came before the court not pressed by counsel. Petitioner was given liberty to file a fresh petition correcting technical irregularities.
liberty reserved to file fresh petition after correcting technical irregularities
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 29TH DAY OF MARCH, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION NO.100489/2021
BETWEEN : SHREE SAINATH TRADERS, GENERAL MERCHANT, APMC YARD, TAVARAGERA, REPRESENTED BY ITS PROPRIETOR BY NAME-LALITA W/O.VEERABHADRAPPA NALATWAD, AGE-45 YEARS, OCC-BUSINESS, R/O.KUSHTAGI, TQ-KUSHTAGI, DIST-KOPPAL-583 231.
…….. PETITIONER
(BY SRI B.C.JNANAYYASWAMI, ADVOCATE)
AND : THE STATE OF KARNATAKA, (THROUGH KUSHTAGI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD.
…… RESPONDENT
(BY SRI RAMESH CHIGARI, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.3 ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.4/2021 REGISTERED BY KUSHTAGI POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955 AND PENDING INVESTIGATIONG AND TRIAL, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R
Heard the learned counsel for the petitioner.
After addressing the argument for sometime, the learned counsel for the petitioner submitted that he may be permitted to withdraw the petition as it suffers from technical irregularities by reserving liberty to file fresh petition by addressing such irregularities.
Considering the submission made by the learned counsel for the petitioner, the criminal petition is dismissed as not pressed. Liberty is reserved with the petitioner to file fresh petition.
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Office is directed to return the original documents to the petitioner by replacing the certified copies of the same.
Sd/JUDGE
Ckk
SHREE SAINATH TRADERS
THE STATE OF KARNATAKA
M.G.UMA
As recorded by the court registry
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