Petitioner sought leave to withdraw the criminal petition under Section 330 CrPC after the final report was filed and raise a challenge to the charge sheet. The court granted liberty to withdraw the petition, which was then disposed of as withdrawn.
Liberty granted to withdraw the petition and raise a challenge to the charge sheet.
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NC: 2024:KHC:49344 CRL.P No. 1046 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1046 OF 2024
BETWEEN:
MR. HASSAN SHAREEF, S/O MOHAMMED HASSAN, AGED ABOUT 50 YEARS, RESIDING AT SALIMAMMA MANZIL, MADINI NAGAR, KUTTARA PADAV, MANGALURU CITY - 575 017.
…PETITIONER
(BY SRI. RENSPRE PRITHESH DSOUZA, ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
BY BARKE POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
…RESPONDENTS
(BY SMT. RASHMI PATIL, HCGP)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN CR.NO.59/2023 OF BARKE P.S., FOR THE OFFENCE P/U/S 7
AND 8 PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE, IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORATE AND ADVERTISEMENT) ACT 2019 AND SEC. 20(2) OF CIGARETTES AND OTHER TABACCO PRODUCTS ACT (AMENDMENT) BILL 2015, PENDING ON THE FILE OF HONBLE 6TH JMFC COURT, MANGALURU CITY, DAKSHINA KANNADA DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned counsel appearing for the petitioner submits that during the pendency of the petition, the police after investigation have filed the final report-charge sheet.
The petition is disposed as withdrawn.
Sd/(M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 6/CT: BHK
1 issue framed by the court
Whether the petitioner can withdraw the criminal petition after the filing of the charge sheet and challenge the charge sheet instead.
Mr. Hassan Shareef
The State of Karnataka
Smt. Dharmathi
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
