Dismissed¶37

Machendar v. the State of Karnataka

Karnataka HC4 Jun 2025CRL.P/200122/2024

Case brief

AI extract

What is this about?

High Court of Karnataka, Kalaburagi Bench; CRL.P No. 200122 of 2024; Justice V Srishananda; quashing petition under S.482 CrPC/S.528 BNSS; Crime No.68/2020, Santpur Police Station, Bidar; offences under S.18 Karnataka Essential Commodities (Public Distribution System) Public Control Order 1992 and Ss.3 & 7 Karnataka Essential Commodities; charge sheet; trial at Addl. C.J (JD) and JMFC Aurad; petitioner Machendar Jamadar; State of Karnataka; Ravi Suryavanshi, Food Siressedar; withdrawal memo citing non-maintainability; dismissed as withdrawn; liberty to urge defence before trial Court; no precedent cited.

What did the court decide?

Petition dismissed as withdrawn; liberty as prayed for granted to urge necessary defence before the trial Court. ¶37

Machendar Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

¶1

1 - NC: 2025:KHC-K:2817 CRL.P No. 200122 of 2024

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA,

¶4

KALABURAGI BENCH

¶5

DATED THIS THE 4^TH DAY OF JUNE, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE V SRISHANANDA

¶8

CRIMINAL PETITION NO. 200122 OF 2024

¶9

(482(Cr.PC)/528(BNSS))

¶10

BETWEEN:

¶11

MACHENDAR S/O DHULAPPA JAMADAR, AGE:44 YEARS, OCC: BUSINESS, R/O. KASHAMPUR, TQ. AURAD, DIST. BIDAR 585226.

¶12

…PETITIONER

¶13

(BY SRI AMEERAHAMAJA ABDULKADAR GUNNAPURA, ADVOCATE)

¶14

AND:

¶15

Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA

¶16

THE STATE OF KARNATAKA, THROUGH SANTPUR POLICE STATION, REPRESENTED BY, THE ADDL. STATE GOVT. PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585102.

¶17

RAVI SURYAVANSHI, FOOD SIRESSEDAR, TAHSIL OFFICE, AURAD-585226, DIST. BIDAR.

¶18

…RESPONDENTS

¶19

(BY SRI JAMADAR SHAHABUDDIN, HCGP)

¶20

¶21

NC: 2025:KHC-K:2817 CRL.P No. 200122 of 2024

¶22

HC-KAR

¶23

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, PRAYING TO, ALLOW THE PRESENT CRIMINAL PETITION AND ALSO QUASH THE ENTIRE PROCEEDINGS OF CRIME NO.68/2020 FILED WHICH WAS REGISTERED AT SANTPUR POLICE STATIOON, BIDAR DISTRICT AND CHARGE SHEET FILED BEFORE THE HON’BLE COURT AGAINST PETITIONER. FOR THE OFFENCE PUNISHABLE U/SEC 18 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 1992 AND KARNATAKA ESSENTIAL COMMODITIES U/SEC 3 AND 7 IN THE INTEREST OF JUSTICE AND EQUITY. THE SAID CASE TRIALED AT ADDL. C.J (JD) AND JMFC AURAD OF BIDAR DIST.

¶24

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶25

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

¶26

ORAL ORDER

¶27

(PER: HON'BLE MR. JUSTICE V SRISHANANDA)

¶28

After arguing the matter for sufficient time, learned

¶29

counsel for the petitioner files a memo. The said memo reads as under:

¶30

“Memo

¶31

In the above case I am withdrawing the petition due to not maintainable.

¶32

Hence, it prayed before the Hon’ble Court kindly consider the memo and permit to me for withdraw the petition with a liberty to argue the matter before the trial Court, in the interest of justice.

¶33

¶34

NC: 2025:KHC-K:2817 CRL.P No. 200122 of 2024

¶35

HC-KAR

¶36

Hence, this memo.”

¶37

Placing the aforesaid memo on record, the petition is dismissed as withdrawn with liberty as prayed for to urge

¶38

necessary defence before the trial Court.

¶39