The court dismissed the criminal petition as withdrawn by the petitioner's counsel, who argued that the petition did not survive after the charge sheet was filed, liberty granted.
Petition dismissed as withdrawn; liberty granted to challenge the charge sheet.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.4540 OF 2021
BETWEEN
Byranna B @ Byraiah S/o Motaiah, Aged about 74 years, Resident of Bolamaranahalli Village, Kasaba Hobali, Nelamangala Taluk, Bengaluru District-577101.
…Petitioner
(By Sri Girish B. Baladare, Advocate)
AND
…Respondents
(By Sri R.D.Renukaradhya, HCGP)
2
This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the FIR filed against the petitioner in Cr.No.136/2021 by the Nelamangala Police for the offence punishable under Section 504 & 353 of IPC same is pending on the file of the Principal Civil Judge (Jr.Dn.) and JMFC at Bengaluru Rural District.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER
The petitioner’s counsel has filed a memo stating that since charge sheet has been filed, this petition does not survive for consideration. He seeks permission to withdraw this petition. Memo is placed on record. Petition is dismissed as withdrawn. Liberty is granted to the petitioner to challenge the charge sheet.
SD/JUDGE
Kmv/-
1 issue framed by the court
Whether the criminal petition seeking quashing of the FIR survives post-filing of the charge sheet.
1 provisions across 1 enactments
Byranna B @ Byraiah S/o Motaiah
Manjulla K.M.
The Sub-Inspector, Nelamangala Police
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
