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IN THE HIGH COURT OF KARNATAKA
M.G. Uma, J.
Sagayamary - Appellant
Versus
State of Karnataka By Avalahalli Police Station Bengaluru Rural District Bengaluru - 560049 - Respondent
Criminal Petition No. 79 of 2023
Decided On : 20-01-2023
Fact of the Case:
The petitioner sought leave to withdraw the petition with liberty to file a fresh petition after filing of chargesheet. The court granted the request and dismissed the petition as withdrawn, with liberty as sought for.Finding of the Court:
The court allowed the withdrawal of the petition with liberty to file a fresh petition after filing of chargesheet. ISSUES Leave to withdraw the petition with liberty to file a fresh petition after filing of chargesheet.Ratio Decidendi:
The court exercised its discretion in allowing the withdrawal of the petition with liberty for future filings. FINAL DECISION The petition was dismissed as withdrawn, with liberty as sought for.JUDGMENT
M G Uma, J. - Learned counsel for the petitioner files a memo dated 20-01-2023, seeking leave of this Court to withdraw the petition with liberty to file fresh petition after filing of chargesheet.
2. The said memo is placed on record.
3. In view of the memo, the petition is dismissed as withdrawn, with liberty as sought for.
Discretionary power of the court in allowing withdrawal of petitions and granting liberty for future filings.
N/A
N/A
A petitioner has the right to withdraw their petition, leading to its dismissal without further proceedings.
The court upheld the petitioner's right to unilaterally withdraw the original petition without opposition.
A petitioner retains the absolute right to withdraw a writ petition at any stage, and upon formal submission, the court should allow such withdrawal.
The court has discretion to allow a petitioner to withdraw their petition.
The court upheld the petitioners' right to withdraw their Writ Petition.
The court allows the withdrawal of a writ petition with liberty to file a new one.
The court permits withdrawal of a writ petition, allowing the petitioner to approach again if necessary.
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