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KARNATAKA HIGH COURT
S.VISHWAJITH SHETTY, J
KUMAR S/O SAINATH PUJAR, YAMANURASAB S/O. KHADARSAB PINJAR @ NADAF, GURUSIDDA @ GURU S/O. YANKAPPA UPHAR, RUDRESH S/O. DANAPPA VADDAR, NAGARAJ S/O. MALESH PUJAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. application to quash previous order and correct procedural misstep. (Para 1) |
| 2. permission granted to file under the correct section. (Para 2) |
| 3. final order issued to dismiss with liberty for correction. (Para 4) |
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. This petition is filed with a prayer to quash the order dated 27.10.2021 passed on the application filed by the petitioners under Section 231 (2) of Cr.P.C . before the trial Court in S.C.No.181 of 2019.
2. Learned counsel for the petitioners submits that inadvertently the petitioners had filed an application under Section 231 (2) of Cr.P.C . instead of filing an application under Section 311 of Cr.P.C . and therefore this petition may be disposed off with liberty to the petitioners to file a fresh application before the trial Court under Section 311 of Cr.P.C .
3. Submission placed on record.
4. Petition is dismissed as note pressed with liberty to the petitioners to file a fresh application before the trial Court under Section 311 of Cr.P.C .
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