Dismissed

Sri Ashwin Kumar v. the Principal Secretary

Karnataka HC29 Nov 2021WP/18125/2021

Case brief

AI extract

What is this about?

In a preliminary hearing of a writ petition filed under Articles 226, 227 of the Constitution and Section 482 CrPC to quash investigation in an NDPS case, the petitioner withdrew the petition intending to apply for discharge upon filing of charge sheet. The court dismissed the petition as withdrawn.

What did the court decide?

Petition dismissed as withdrawn with liberty to apply for discharge based on charge sheet.

Sri Ashwin Kumar Vs the Principal Secretary — Narcotics (NDPS) | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 29^TH DAY OF NOVEMBER 2021

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

¶6

WRIT PETITION No.18125 OF 2021(GM-RES)

¶7

BETWEEN

¶8

Sri Ashwin Kumar, S/o A Murugesan, Aged about 33 years, As he is mentally retarded person, Unable to consciously represent Before this Hon’ble Court, He is represented by A Murugesan, Representing his son Ashwin Kumar S/o Alagendran, Aged about 58 years, R/o No.177/1, North Veli Street, Simmakkal, Madurai, Tamil Nadu-625001.

¶9

…Petitioner

¶10

(By Sri S.Balakrishnan, Advocate)

¶11

AND

¶12

The Principal Secretary, Home Department, Government of Karnataka No.219, 2^nd Floor, Vidhana Soudha, Bengaluru-560001.

¶13

Commissioner of Police, Bengaluru City, Ali Asker Road, Vasanthnagar, Bengaluru-560051.

¶14

¶15

State of Karnataka, By Cubbon Park Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-560001.

¶16

…Respondents

¶17

(By Sri R.D.Renukaradhya, HCGP)

¶18

This Writ Petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure, praying to quash all further investigation in Cr.No.90/2020 vide Annexure-H, FIR in Crime No.90/2020 of Cubbon Park Police Station, for alleged offence punishable under Section 2(b) and 8(c) of NDPS Act, 1985, pending on the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) at Bengaluru vide Annexure-A and complaint dated 05.11.2020 at annexure-B to the writ petition.

¶19

This Writ Petition coming on for preliminary hearing through video conferencing this day, the court made the following:

¶20

ORDER

¶21

Counsel for the petitioner submits that the

¶22

charge sheet has been filed and therefore petitioner is intending to make an application seeking his discharge. He wants to withdraw this writ petition.

¶23

¶24

The above submission of the learned counsel

¶25

is placed on record. Petition is dismissed as withdrawn. Liberty is given to the petitioner to apply

¶26

for discharge based on charge sheet.

¶27

Sd/JUDGE

¶28

ckl

Sri Ashwin Kumar v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Sri Ashwin Kumar v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

J. Somashekar Vs State of Karnataka

Ananda S Vs State by Pandavapura Ps

V R Mohankumar Vs State of Karnataka

Kumar M Yadahalli Vs State of Karnataka

M/S Goutham Jewellers Vs Sri K R Ashwathnarayan

Sri. B L Ravindranath Vs State of Karnataka