Dismissed¶27

Sri Sundar S/O Mallappa Kundekar v. Shri Nitin Ishwar Dukare

Karnataka HC14 Feb 2025CRL.P/100723/2025

Case brief

AI extract

What is this about?

Quashing petition under S.482 Cr.P.C./S.528 BNSS; offences u/s 125(A), 125(B), 3(5) BNS Act; JMFC II Belagavi proceedings; Belagavi Rural Police P.S. Crime No.0157/2024 dated 06.09.2024; charge sheet challenged; petition dismissed as withdrawn with liberty to file fresh petition; pending applications not surviving; High Court of Karnataka Dharwad Bench; Hemant Chandangoudar, J.; decided 14-02-2025; NC: 2025:KHC-D:3027.

What did the court decide?

Leave to withdraw granted; petition dismissed as withdrawn with liberty reserved to file a fresh petition challenging the charge sheet; pending applications disposed of as not surviving for consideration. ¶27

Sri Sundar S/O Mallappa Kundekar Vs Shri Nitin Ishwar Dukare — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:3027 CRL.P No. 100723 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 100723 OF 2025 (482(Cr.PC)/528(BNSS)-)

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BETWEEN:

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SRI SUNDAR S/O MALLAPPA KUNDEKAR AGE:25 YEARS, OCC STUDENT R/O PLOT NO 6, ANAND NAGAR VADAGAON BELAGAVI-590005

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…PETITIONER

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(BY SMT. NAGARATHNA S PATTAR, ADVOCATE)

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AND:

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SHRI NITIN ISHWAR DUKARE AGE 37 YEARS, OCC ELECTRICIAN R/O PATIL GALLI, DHAMNE BELAGAVI CITY-590005

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Digitally signed by B K MAHENDRAKUMAR B K Location: HIGH MAHENDRAKUMAR COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.15 12:54:53 +0530

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THE STATE OF KARNATAKA THROUGH BELAGAVI RURAL POLICE R/BY STATE PUBLI PROSECUTOR HIGH COURT BENCH DHARWAD

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…RESPONDENTS

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(BY SRI.T. HANUMAREDDY, AGA FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING THAT BY ALLOWING THIS PETITION THE COMPLAINT LODGED BY THE COMPLAINANT/RESPONDENT NO.1 BEFORE BELAGAVI RURAL POLICE WHO REGISTERED THE CASE UNDER P.S. CRIME NO.0157/2024 ON 06.09.2024 THE PROCEEDINGS INITIATED BY JMFC II, BELAGAVI, AGAINST THE PETITIONER/ACCUSED NO.2 FOR THE OFFENCES PUNISHABLE

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NC: 2025:KHC-D:3027 CRL.P No. 100723 of 2025

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U/S 125(A), 125(B), 3(5) OF BNS ACT BE QUASHED, IN SO FOR AS PETITIONER/ACCUSED NO.2 IS CONCERNED.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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Learned Addl. Government Advocate accepts notice for respondent No.2/State.

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Learned counsel for the petitioner seeks leave of the Court to withdraw the petition reserving liberty to file fresh petition challenging the charge sheet.

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Submission is placed on record. Petition is dismissed as withdrawn with liberty as sought for.

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Pending applications, if any, are disposed off as not surviving for consideration.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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JTR

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List No.: 1 Sl No.: 44

Sri Sundar S/O Mallappa Kundekar v. Shri Nitin Ishwar Dukare

Case brief

What is this about?

What did the court decide?

Sri Sundar S/O Mallappa Kundekar v. Shri Nitin Ishwar Dukare

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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Coram

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