Court permitted withdrawal of a criminal petition under Section 482 Cr.P.C. filed for quashing an order rejecting a cross-examination application. The petition was disposed as infructuous due to the conviction verdict already being passed by the trial court.
Permission to withdraw the criminal petition and dispose of the same as withdrawn.
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: 2024:KHC:35710 CRL.P No. 11314 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11314 OF 2023
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI ABHISHEK R., ADVOCATE)
AND:
NC: 2024:KHC:35710 CRL.P No. 11314 of 2023
RESIDING AT NO 402, 46, VIVIANI ROAD, RICHARDS TOWN, BENGALURU – 560 005 REPRESENTED BY HIS YOUNGER BROTHER AND GENERAL POWER OF ATTORNEY HOLDER.
MR.SAFDAR GANGJEE, AGED ABOUT 42 YEARS, S/O MR FAHIM GANGJEE, RESIDING AT NO.402, 46, VIVIANI ROAD, RIACHARDS TOWN, BENGALURU – 560 005.
…RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C./ 528 OF BNSS READ WITH ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.08.2023 REJECTING THE PETITIONER’S SEC.311 APPLICATION PASSED BY THE LEARNED XIV A.C.M.M AND GRANT THE PETITIONER AN OPPORTUNITY TO CARRY OUT THE CROSS EXAMINATION OF THE CW-1.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned counsel for the petitioners files a memo seeking
permission to withdraw the petition.
NC: 2024:KHC:35710 CRL.P No. 11314 of 2023
“2. That the learned XIV Addl. Chief Metropolitan Magistrate on 08.11.2023 passed the order convicting the Petitioner herein in C.C.No.55869 of 2022. The Petitioner has preferred an appeal against the aforementioned order of Conviction dated 08.11.2023 of the learned XIV Addl. Chief Metropolitan Magistrate, pending before the LXXIII Addl. City Civil and Sessions Judge.
3. That as the learned trial court has already passed the judgement in C.C.No.55869 of 2022, the present Criminal Petition would be infructuous, hence the Petitioner is filing the present memo seeking withdrawal of the Criminal Petition.
]
WHEREFORE, the Petitioner most respectfully prays this Hon’ble Court to permit the Petitioner to withdraw the present Criminal Petition in the interest of justice.”
In terms of the memo, the criminal petition is disposed as
withdrawn.
I.A.No.1/2023 is disposed, as a consequence.
Sd/(M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 272
M/S. Van Hospitality Registered Partnership Firm
Mr. Ajit Muthanna
Mr. Shakir Gangjee
Mr. Safdar Gangjee
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
