On a prayer to set aside an order under Section 482 Cr.P.C., the Circuit Bench of the Karnataka High Court dismissed the criminal petition for withdrawal filed by the petitioner. No substantive adjudication was made on the merits of the underlying case.
The petition was dismissed as withdrawn without adjudication of the merits.
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:19817 CRL.P No. 2401 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2401 OF 2022
BETWEEN:
KIMMANE RATNAKARA, S/O MANJAPPA GOWDA, AGED ABOUT 69 YEARS, FORMER MEMBER OF LEGISLATIVE ASSEMBLY, SOPPUGADDE, THIRTHAHALLI, SHIVAMOGGA DISTRICT - 577 432.
…PETITIONER
(BY SRI. A N RADHA KRISHNA, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
R.M. MANJUNATHAGOWDA, S/O RAMAPPA GOWDA, AGED ABOUT 63 YEARS, PRESIDENT, DISTRICT CENTRAL CO-OP. BANK LTD., BALRAJ URS ROAD, SHIVAMOGGA DISTRICT - 577 201.
…RESPONDENT (BY SRI. PRAVEENKUMAR G R, ADVOCATE) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 28.01.2022 IN
NC: 2023:KHC:19817 CRL.P No. 2401 of 2022
C.C.NO.30775/2021, PASSED BY THE LEARNED XLII ADDL.C.M.M., BENGALURU (SPECIAL COURT FOR TRIAL OF CASES FILED AGAINST SITTING AS WELL AS FORMER MPs/MLAs TRIABLE BY THE MAGISTRATE IN THE STATE OF KARNATAKA) REJECTING THE MEMO DATED 21.09.2021 FILED BY THE PETITIONER / ACCUSED AND PASS / ISSUE APPROPRIATE DIRECTIONS TO THE LEARNED MAGISTRATE TO PROCEED IN THE CASE IN ACCORDANCE WITH LAW.
THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel appearing for the petitioner files a memo dated 09.06.2023 seeking permission to withdraw
the petition. The said memo reads as under:
"The petitioner seeks leave of this Hon'ble Court to withdraw the petition as not pressed. He may be permitted to urge all points urged herein may urge before Trial Court, in case of necessity."
2. In terms of memo, the petition is dismissed as
withdrawn.
Sd/JUDGE
GJM
List No.: 1 Sl No.: 27 CT: BHK
1 issue framed by the court
Whether to permit withdrawal of the criminal petition.
1 provisions across 1 enactments
Kimmane Ratnakara
R.M. Manjunathagowda
M. Nagaprashna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
