Dismissed¶34

Ashok Vatkar v. the State of Karnataka

Karnataka HC20 Jun 2025CRL.P/200521/2025

Case brief

AI extract

What is this about?

Quashing petition under S.528 BNSS 2023 (482 Cr.PC) to quash cognizance order dated 16.02.2022 of Senior Civil Judge and CJM Yadgiri in C.C. No. 26/2022 arising out of Crime No. 110/2021, Yadgir Town Police Station; offences under Ss.143, 147, 148, 323, 324, 504, 506 r/w 149 IPC; charge sheet qua Accused No.1; petition dismissed as withdrawn on counsel's memo; memo sought liberty to file discharge application before trial Court; pending applications do not survive; no merits discussion; single judge (V Srishananda, J.), Kalaburagi Bench, 20.06.2025.

What did the court decide?

Petition dismissed as withdrawn on the memo of the petitioner's counsel; the order places the memo on record but does not expressly reserve the liberty (to file a discharge application before the trial Court) sought in the memo. ¶34

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order taking cognizance dated 16.02.2022 in C.C. No. 26/2022 (offences punishable under Sections 143, 147, 148, 323, 324, 504, 506 r/w 149 IPC, arising out of Crime No. 110/2021 of Yadgir Town Police Station) and the charge sheet qua petitioner/Accused No.1 should be quashed under Section 528 BNSS, 2023. (Raised by the petition but not adjudicated; the petition was dismissed as withdrawn.)

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Ratio / Principle

On the memo filed by learned counsel for the petitioner seeking permission to withdraw the petition (with a request for liberty to approach the trial Court and file an application for discharge), the Court placed the memo on record and dismissed the petition as withdrawn.

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Key takeaways

In view of the disposal of the main petition, any pending application, if any, does not survive for consideration.ratio¶37

Detailed headnote1 paragraphs

Criminal Petition No. 200521 of 2025 (under Section 528 BNSS, 2023 / 482 Cr.PC), High Court of Karnataka, Kalaburagi Bench (V Srishananda, J.), decided 20 June 2025 — Ashok Vatkar v. State of Karnataka & Anr. The petition sought quashing of the order of taking cognizance dated 16.02.2022 passed by the Senior Civil Judge and CJM, Yadgiri in C.C. No. 26/2022 (arising out of Crime No. 110/2021, Yadgir Town Police Station) for offences punishable under Sections 143, 147, 148, 323, 324, 504, 506 r/w 149 IPC, and consequential quashing of the charge sheet qua petitioner/Accused No.1. Before admission, learned counsel for the petitioner filed a memo seeking permission to withdraw the petition with liberty to approach the trial Court and file a discharge application. Placing the memo on record, the Court dismissed the petition as withdrawn; pending applications, if any, were recorded as not surviving for consideration. No merits adjudication was made and no precedent was cited.

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NC: 2025:KHC-K:3266 CRL.P No. 200521 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 20^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA

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CRIMINAL PETITION NO.200521 OF 2025

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

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BETWEEN:

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ASHOK VATKAR S/O KUBLANNA VATKAR, AGE:64 YEARS, OCC: RETIRED PRINCIPAL, R/O. VIVEKANAND NAGAR, STATION AREA, YADGIR-585201.

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…PETITIONER

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(BY SRI. RAJESH DODDAMANI, ADVOCATE)

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AND:

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Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THROUGH YADGIR TOWN POLICE STATION, YADGIR, NOW REPRESENTED BY ADDITIONAL SPP, HIGH COURT OF KARNTAKA, KALABURAGI BENCH–585103.

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SURESH S/O LAXMAN MADDI, AGE:50 YEARS, OCC: BUSINESS, R/O. VIVEKANAND NAGAR, YADGIRI-585201

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…RESPONDENTS

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(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1; SRI SHARANAGOUDA V. PATIL, ADVOCATE FOR R2)

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2 - NC: 2025:KHC-K:3266 CRL.P No. 200521 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS,2023 PRAYING TO, ALLOW THIS PETITION AND QUASH THE ORDER OF TAKING COGNIZANCE DATED 16.02.2022 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND CJM YADGIRI IN C. C NO. 26/2022 FOR THE OFFENCES PUNISHABLE U/SEC 143, 147, 148, 323, 324, 504, 506 R/W 149 OF INDIAN PENAL CODE, NOW PENDING ON THE FILE OF THE HON’BLE CIVIL JUDGE AND CJM YADGIRI IN C.C NO.26/2022 (ARISING OUT CRIME NO.110/2021 OF YADGIRI TOWN POLICE STATION) CONSEQUENTLY QUASH THE CHARGE SHEET IN SO FAR AS PETITIONERS/ACCUSED NO. 1 (AS PER CHARGE SHEET) IS CONCERNED.

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

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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

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Learned counsel for the petitioner files a memo.

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Memo reads as under:

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“In the above case, counsel for the petitioner most humbly submit that the petitioner may kindly be permitted to withdraw the present petition and liberty may kindly be reserved to the petitioner to approach the trial Court and file an application for discharge. Hence, the petition may kindly be dismissed as

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