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2025 Supreme(Online)(Kar) 16959
KARNATAKA HIGH COURT
VENKATESH NAIK T, J
SHRI RAVI BALAPPA MADAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 101740 OF 2025 | 482 OF Cr.PC/528 OF BNSS
For the Appellants/Petitioners: SHRI VISHWANATH V. BADIGER
For the Respondents: SMT. KIRTILATA R. PATIL
Section 482 of Cr.P.C. allows the withdrawal of petitions when justice demands, providing an opportunity to challenge the lower court's actions.
Headnote:This judgment primarily deals with the application of Section 482 of Cr.P.C., wherein the petitioner sought to quash the FIR in Crime No.277/2024. The court acknowledged the memorandum filed for withdrawal by the petitioner, as the trial judge had taken cognizance of the charge sheet. The court found it appropriate to permit the withdrawal of the petition with liberty to file a fresh petition in due course. The key issue addressed was whether to allow the withdrawal of the petition while considering the proceedings initiated in the lower court. The court reasoned that permitting such withdrawal was in the interest of justice and equity, giving the petitioner an opportunity to challenge the charge sheet. Consequently, the final outcome of the court was to dismiss the petition as withdrawn, granting the petitioner the liberty to file a new petition challenging the charge sheet in the relevant case.
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
Learned counsel for the petitioner has filed a memo for withdrawal of the criminal petition. Memo which is placed on record reads as under:
”That in the top noted petition, the I.O Khanapur P.S has submitted the charge sheet before the Prl. Civil Judge & JMFC, Khanapur and accordingly the learned Trial Judge taken the cognizance has taken the Accused No.1 to 6 for the offence punishable U/sec.126(2), 329(3), 140(1), 115(2), 118(1), 118(2), 352, 351(2), 109(1), 249(b) R/W Sec.3(5) of BNS. And directed to register the case in C.C. No.427/2025. Hence petitioner is seeking withdrawal of the petition, hence the petitioner most humbly prays to this Hon’ble Court may kindly be permit to withdraw of petition as not pressed with liberty to file fresh petition by challenging the charge sheet in C.C. No.427/2025 on the file of Prl. Civil Judge and JMFC, Khanapur in the interest of justice and equity.”
In view of the memo, the criminal petition is dismissed as withdrawn with liberty as sought for.
