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2025 Supreme(Online)(Kar) 14517
KARNATAKA HIGH COURT
J.M.KHAZI, J
SMT INDIRA S NAYAK D/O LATE S SUBBANNA NAYAK, AGED ABOUT 85 YEARS, R/AT RAITHA BANDU FARM, ANANDPURA, SAGARA TALUK, SHIVAMOGGHA DISTRICT – Appellant
Versus
THE STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION – Respondent
CRIMINAL PETITION NO. 11953 OF 2023 (482(Cr.PC) / 528(BNSS))
For the Appellants/Petitioners: SRI.B.M.MOHAN KUMAR
For the Respondents: SRI.V.M.MAHADEVAIAH
A petitioner may withdraw an appeal without prejudice based on counsel's representation regarding the procedural dismissal.
Headnote:The judgment examines Section 482 of the Cr.P.C., addressing the dismissal of a criminal petition aiming to quash proceedings against the petitioners for various IPC offenses. The submission by the petitioner's counsel about a misunderstanding leading to a fresh petition filing underlines the court's findings of non-pressing of the appeal. The primary issue framed was whether the proceedings should be quashed based on this misunderstanding, and the reasoning relies on the procedural propriety and the voluntary dismissal asserted by counsel. Consequently, the petition is dismissed as not pressed.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS JUSTICE J.M.KHAZI
ORAL ORDER
Sri.B.M.Mohan Kumar, learned counsel submitted that on 20.08.2024 he has filed NOC Vakalath for petitioner.
He further submits that thinking that this petition is dismissed, he has filed a fresh petition and therefore, this petition may be dismissed as not pressed.
In the light of the said submission, petition is dismissed as not pressed.
