The court allowed the petitioners to withdraw their criminal petition seeking quashing of FIR. Liberty was granted to one petitioner to file a fresh petition for quashing the charge sheet.
Withdrawal of petition permitted with liberty to file fresh petition regarding charge sheet.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101310 OF 2024
BETWEEN:
…PETITIONERS
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA
(BY SRI. K. L. PATIL, ADVOCATE)
AND:
…RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. A. VEERANNA, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE FIR AND COMPLAINT REGISTERED IN BALLARI RURAL POLICE STATION CRIME NO.46/2024 FOR THE OFFENCE PUNISHABLE U/S 143, 147, 148, 323, 324, 504, 506, 114, 307, R/W SECTION 149 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2)(va) OF THE SC/ST (POA) AMENDMENT ACT, 2015 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI, IN SO FAR AS PETITIONERS/ ACCUSED NO.1, 6 AND 7 ARE CONCERNED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Learned counsel for the petitioners has filed a memo seeking withdrawal of the petition. Memo reads thus:
“ In this the Advocate for the Petitioners submits as under:
That, the Petitioners/Accused No.1, 6 & 7 had filed the above criminal petition before this Hon’ble Court for quashing of FIR and compliant registered in Ballari Rural Police Station Crime No.46/2024 for the offence punishable under Section 143, 147, 148, 323, 324, 504, 506, 114, 307, 354B, 447 R/w. Section 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Amendment Act, 2015 on the file of the learned I Addl. District & Sessions Judge, Ballari.
The above petition was filed during the crime stage, now the Investigation Office has submitted charge sheet in Ballari Rural P.S. Crime No.46/2024 before the I Addl. District & Sessions Judge, Ballari only against the Petitioner No.1/Accused No.1.
Therefore, the Petitioners wants to withdraw the above Petition and Petitioner No.1/Accused No.1 wants to file another petition seeking quashing of the charge sheet and the criminal proceedings against him. Hence, the Petitioners may be permitted to withdraw the above Petition and liberty may be granted to the Petitioner No.1 to file fresh criminal petition, in the ends of justice”.
In view of the memo, the petition is dismissed as withdrawn with liberty as prayed.
Sd/(SHIVASHANKAR AMARANNAVAR)
JUDGE
RKM CT:ANB List No.: 3 Sl No.: 2
1 issue framed by the court
Whether the petition for quashing of FIR should be permitted to be withdrawn?
1 provisions across 1 enactments
K. SRIKANTH
HARINATH BABU
KUNTAMAKKALA RAVIKANTHA BABU
THE STATE OF KARNATAKA
SMT. PADMA
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
