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M/S Rakshith Tyres and Car Shringar, v. the State of Karnataka

Karnataka HC2 Sept 2025WP/8910/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 8910 of 2023 (GM-POLICE); Justice B M Shyam Prasad; order dated 02.09.2025. Challenge to a Section 41(A) Cr.P.C. notice dated 29.03.2023 issued by the SHO, Kempegowda Nagar Police Station; interim order of 24.07.2023 requiring deposit of Rs.10,00,000/-; withdrawal of petition after No Due Certificate dated 15.07.2025 from M/s. Kurhinashetty Souharda Credit Co-operative Ltd.; disposal of petition with direction to Registry to refund deposit by account transfer and liberty to file account details within two weeks; no adjudication of merits.

What did the court decide?

Petition disposed of as withdrawn; Registry directed to refund the deposit of Rs.10,00,000/- to the petitioner through account transfer, with liberty to file account details within two weeks. ¶37

M/S Rakshith Tyres and Car Shringar, Vs the State… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:35016 WP No. 8910 of 2023

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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 2^ND DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 8910 OF 2023 (GM-POLICE)

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BETWEEN:

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M/S RAKSHITH TYRES AND CAR SHRINGAR, NO 141, GROUND FLOOR, SUBBAIAH CIRCLE, LAL BAGH ROAD, BENGALURU 5600267 REPRESENTED BY ITS PROPRIETOR, SRI RAMESH M B.

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…PETITIONER

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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(BY SRI. T N VISWANATHA.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560001.

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THE COMMISSIONER OF POLICE BENGALURU CITY,

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NC: 2025:KHC:35016 WP No. 8910 of 2023

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HC-KAR

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NO 2, ALI ASKAR ROAD, VASANTH NAGAR, BENGALURU 560051.

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THE STATION HOUSE OFFICER KEMPEGOWDA NAGAR POLICE STATION, KG NAGAR MAIN ROAD, GAVIPURAM GUTTHALLI, KEMPEGOWDA NAGAR, BENGALURU 560019.

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…RESPONDENTS

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(BY SMT.K.P. YASHODHA., AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE DATED 29.03.2023 UNDER SECTION 41(A) OF THE CODE OF CRL PROCEDURE ISSUED BY THE R-3 AT ANNX-J .

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

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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NC: 2025:KHC:35016 WP No. 8910 of 2023

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HC-KAR

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ORAL ORDER

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The petitioner has called in question the notice issued under Section 41 (a) of Cr.P.C. This Court, on 24.07.2023, has granted interim order subject to the petitioner depositing a sum of Rs.10,00,000/-. Sri.T.N.Viswanatha, the learned counsel for the petitioner, while stating that the cause for the present petition is because of the claim for outstanding by M/s. Kurhinashetty Souharda Credit Co-operative Ltd., states that No Due Certificate dated 15.07.2025 is issued and therefore the petitioner seeks leave to withdraw the petition but with the directions to the registry to refund the amount in deposit to the petitioner, and in fact the learned counsel files a memo enclosing a copy of the No Due Certificate for orders in this regard.

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Mrs. K.P. Yashodha, the Additional Government

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Advocate, is heard in the light of the afore. The petition stands disposed of and the Registry is

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NC: 2025:KHC:35016 WP No. 8910 of 2023

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HC-KAR

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directed to refund Rs.10,00,000/- to the petitioner through account transfer and the petitioner is reserved with liberty to file the account details with the registry within two [2] weeks from today

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Sd/(B M SHYAM PRASAD) JUDGE

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List No.: 2 Sl No.: 28

M/S Rakshith Tyres and Car Shringar, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Rakshith Tyres and Car Shringar, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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