On the constitutionality of filing a bail petition under Section 439 of the Code of Criminal Procedure when it should have been filed under Section 438, the petitioner's counsel sought withdrawal with liberty to file the appropriate petition.
Liberty reserved to file appropriate petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION NO.2480/2021
BETWEEN :
Mohammed Moin S/o. Nawab Jan Aged about 35 years R/at #14/13-2, 2nd Main Road Goripalya, JJR Nagar Chamarajpet Bengaluru – 560 018
…Petitioner (By Sri. Dhananjay Kumar, Advocate)
AND :
State of Karnataka Rep. by Wilson Garden Police Station Bengaluru District – 560 018 Rep. by SPP High Court of Karnataka
… Respondent
(By Sri H.R.Showri, HCGP)
This Criminal Petition is filed under Section 439 of Cr.P.C praying this Court to enlarge the petitioner on bail in Crime No.129/2020 of Wilsongarden Police Station, Bangalore for the offence P/U/S 489A-B of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R
Learned counsel for the petitioner seeks permission to withdraw the petition filed under Section 439 of Cr.P.C. Learned counsel submits that he should have filed it under Section 438 of Cr.P.C., and seeks liberty to file appropriate petition.
KG
2 issues framed by the court
Whether a bail petition filed under Section 439 Cr.P.C. can be dismissed as not pressed when the counsel seeks to withdraw it and file under Section 438 Cr.P.C.
Whether liberty to file an appropriate petition should be granted when the current petition is dismissed as not pressed.
2 provisions across 1 enactments
Mohammed Moin
State of Karnataka
M.G.UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
