Court dismissed two criminal petitions under Sec. 482 CrPC filed to quash FIRs, as petitioners sought withdrawal since the police had laid a charge sheet, reserving liberty to challenge the charge sheet afresh.
petitions dismissed as withdrawn; liberty reserved to challenge charge sheet by filing fresh petition
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.884 OF 2023
C/W
CRIMINAL PETITION NO.1048 OF 2023
IN CRL.P NO. 884/2023 BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
AGED ABOUT 72 YEARS, R/AT GOLAHALLI VILLAGE, YERABALLY POST, HIRIYUR, CHITRADURGA DISTRICT - 577 545.
R/AT NO.244/13/14, BEGUR ROAD, NEAR CANARA BANK, BEGUR, PATEL LAYOUT, BENGALURU - 560 114.
…PETITIONERS
(BY SRI. CHENNAKESHAVA SWAMY, ADVOCATE FOR SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE)
AND:
…RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1; R2 - SERVE UNREPRESENTED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.36/2021, REGISTERED BY THE 1ST RESPONDENT ON THE BASIS OF FALSE COMPLAINT FILED BY THE 2ND RESPONDENT AUTHORITY OFFENCES ALLEGED U/S 192(A) OF THE KARNATAKA LAND REVENUE ACT AND SECTION 149, 379, 420 AND 506 OF IPC, ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., HIRIYUR, CHITRADURGA DISTRICT, AGAINST THE PETITIONERS.
IN CRL.P NO. 1048/2023
BETWEEN:
VISHAKPATNAM,
ANDHRA PRADESH - 530 051.
…PETITIONERS
(BY SRI. CHENNAKESHAVA SWAMY, ADVOCATE FOR SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE)
AND:
HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. THEJESH P, HCGP FOR R1; R2 - SERVE UNREPRESENTED)
THIS CRL.P IS FILED U/S 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.77/2021, REGISTERED BY THE 1ST RESPONDENT i.e IMANGALA P.S., ON THE BASIS OF FALSE COMPLAINT FILED BY THE 2ND RESPONDENT AUTHORITY OFFENCE ALLEGED UNDER SEC.379, 420, 506 OF IPC ON THE FILE OF PENDING BEFORE THE PRL.CIVIL JUDGE (SR.DN) AND J.M.F.C COURT AT HIRIYUR, CHITRADURGA DISTRICT AGAINST THE PETITIONERS.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for petitioners submits that the
petitioners may be permitted to withdraw the petitions, since the police during the pendency of this petition have laid the charge sheet.
NC: 2023:KHC:37837 CRL.P No. 884 of 2023 C/W CRL.P No. 1048 of 2023
reserving liberty to petitioners to challenge the charge sheet by filing a petition afresh.
Sd/JUDGE
ABK/PHM List No.: 1 Sl No.: 102 CT: BHK
SRI. THIMMANNA. T and others
THE STATE OF KARNATAKA
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
