The High Court dismissed a criminal petition filed under Section 482 CrPC seeking to quash an FIR with the proviso that the petitioner had applied for its withdrawal with liberty to file a fresh petition.
Permission granted to withdraw the petition with liberty to file a fresh petition on the charge sheet or proceedings.
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.
NC: 2023:KHC-D:14652 CRL.P No. 100413 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF DECEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 100413 OF 2023
BETWEEN:
MAHANTESH S/O SHETTEPPA RATHODA, AGE. 27 YEARS, OCC. STUDENT, R/O. KAGIHAL TANDA, TQ. SAVADATTI, DIST. BELAGAVI, PIN-591110.
… PETITIONER
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPIDate:2023.12.1611:11:35 +0530
(BY SRI. P.N. HATTI, HCGP FOR R1; R2 SERVED)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE FIR FILED BY THE RESPONDENT-P.S.I. SAUNDATTI P.S. IN CRIME NO.24/2023 FOR THE OFFENCE PUNISHABLE U/SEC. 354(B), 323, 504, 506 AND 149 OF I.P.C. PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC, SAUNDATTI IN RESPECT OF PETITIONER/ACCUSED NO.1, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner files a memo
seeking withdrawal of the petition.
“Herein, the advocate for petitioner submits as under-
That the petitioner filed this petition challenging the FIR, now the respondent N0-1 filed charge sheet therefore this petition is become infractuous. Therefore the petitioner is intended to withdraw this petition with liberty to file fresh petition.
Therefore, it is most humbly prayed that the Hon’ble Court be pleased to permit the petitioner to withdraw this petition with liberty to file fresh petition on charge sheet/proceedings in the interest of justice and equity.
withdrawn with liberty to file a fresh petition.
to the learned counsel for the petitioner.
Sd/JUDGE
kmv CT:BCK
1 issue framed by the court
Whether the petition for quashing the FIR should be allowed to be withdrawn pursuant to the petitioner's memo seeking withdrawal with liberty to file a fresh petition.
1 provisions across 1 enactments
MAHANTESH S/O SHETTEPPA RATHODA
THE STATE OF KARNATAKA
VIJAYALAKSHMIM KANKUPPID
SHANTAVVA W/O KRISHNAPPA LAMANI
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
