Sri.B.a.Basavaraja, v. State by Bharathinagar Police Station

Karnataka HC19 Dec 2025CRL.P/10290/2025

Case brief

AI extract

What is this about?

Dismissal of criminal petition as withdrawn on counsel's memo; Section 528 BNSS petition to quash FIR Crime No.73/2025; Bharathi Nagar Police Station; X Additional Chief Metropolitan Magistrate Court, Mayohall, Bangalore; u/s 103, 109 BNSS; contentions kept open; liberty to pursue other remedies; pending IA disposed; Karnataka High Court, Justice S Sunil Dutt Yadav, 19.12.2025; Crl.P No. 10290 of 2025; petitioner B.A. Basavaraja; withdrawal without prejudice.

What did the court decide?

Petition dismissed as withdrawn on the petitioner's memo, permitting the petitioner to withdraw with liberty and without prejudice to the grounds urged therein and to pursue such remedy as available in law; all contentions on merits kept open. ¶33-34

Sri.B.a.Basavaraja, Vs State by Bharathinagar Police Station — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR in Crime No.73/2025, pending before the X Additional Chief Metropolitan Magistrate Court at Mayohall, Bangalore (Annexures A and B), should be quashed — the issue raised under Section 528 BNSS, which remained undecided as contentions were kept open upon withdrawal.

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Ratio / Principle

In light of the memo filed by learned counsel for the petitioner seeking withdrawal, the Criminal Petition is dismissed as withdrawn, with all contentions on merits kept open.

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Key takeaways

In view of the withdrawal of the petition, the pending interlocutory application, if any, stands disposed of as not calling for adjudication.ratio¶35-36

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), Crl.P No. 10290 of 2025, decided 19.12.2025 by Hon'ble Mr. Justice S Sunil Dutt Yadav (C.A.V. Order). Petition filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 by Sri B.A. Basavaraja (counsel: Sr. Adv. Sandesh J. Chouta for Adv. Hemanth Kumar D.) seeking quashing of the FIR in Crime No.73/2025 (Annexures A and B), pending before Bharathi Nagar Police Station and on the file of the X Additional Chief Metropolitan Magistrate Court at Mayohall, Bangalore, u/s 103, 109 of BNSS. Respondent 1: State by Bharathinagar Police Station (Addl. SPP Sri B.N. Jagadeesha); Respondent 2: Smt. Vijayalakshmi, notice served and unrepresented. After hearing reserved on 20.11.2025, counsel filed a memo craving leave to withdraw the petition with liberty, without prejudice to the grounds urged therein, and to pursue other available remedies. The Court dismissed the petition as withdrawn, kept all contentions on merits open, and disposed of the pending interlocutory application (if any) as not calling for adjudication. The quashing question was not adjudicated.

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NC: 2025:KHC:54504 CRL.P No. 10290 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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CRIMINAL PETITION NO. 10290 OF 2025

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BETWEEN:

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SRI B.A. BASAVARAJA S/O LATE ANJINAPPA AGED ABOUT 61 YEARS R/AT NO.93/94, SHANTINIKETAN ROAD CHANDRAIAH LAYOUT, MEDIHALLI BANGALORE - 560 077.

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… PETITIONER

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(BY SRI SANDESH J. CHOUTA, SENIOR ADVOCATE FOR SRI HEMANTH KUMAR D., ADVOCATE)

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AND:

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Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

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STATE BY BHARATHINAGAR POLICE STATION PULAKESHINAGAR SUB-DIVISION BHARATI NAGAR, BANGALORE REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001.

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SMT. VIJAYALAKSHMI W/O LATE V. GAJENDRAN AGED ABOUT 68 YEARS R/AT NO.25/1, MEANE AVENUE ROAD TANKBUND ROAD, BHARATINAGAR BANGALORE - 560 042.

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… RESPONDENTS

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(BY SRI B.N. JAGADEESHA, ADDL. SPP FOR R1; NOTICE TO R2 IS SERVED AND UNREPRESENTED)

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2 - NC: 2025:KHC:54504 CRL.P No. 10290 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH FIR IN CRIME NO.73/2025 PRODUCED AT ANNXURE A AND ANNEXURE B PURSUANT TO FIR IN CRIME NO.73/2025 PENDING BEFORE BHARATHI NAGAR POLICE STATION AND ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT MAYOHALL U/S 103, 109 OF BNSS, BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 20.11.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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C.A.V. ORDER

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PER: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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Learned counsel for the petitioner has filed a memo

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seeking to withdraw the petition with liberty to pursue other remedies.

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2. The memo reads as follows:-

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"The petitioner craves leave of this Hon'ble Court to withdraw the Criminal Petition no.10290/2025 with liberty and without prejudice to the grounds urged therein and also pursue such remedy available to him in law in the interest of justice and equity."

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NC: 2025:KHC:54504 CRL.P No. 10290 of 2025

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HC-KAR

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