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2026 Supreme(Online)(Kar) 37021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. Sandesh, J
ARUN KUMAR MADTHA @ JERALD MADTHA – Appellant
Versus
SMT ASHA MADTHA @ ASHA ANJALI – Respondent
CRL.RP No. 172 of 2026|CNR: KAHC010060612026



Advocates:
For the Appellants/Petitioners: Vidya Jahagirdar
For the Respondents:

The court permitted the withdrawal of a criminal revision petition on the grounds of non-maintainability, granting the petitioner liberty to file a fresh petition according to the provisions of law.

Headnote:(A) Criminal Revision - Maintainability - Withdrawal of petition - Where a petition is found to be not maintainable, the court may permit its withdrawal with liberty to file a fresh petition in accordance with the law.

Issues: Whether the petitioner could withdraw the revision petition with liberty to file a fresh one due to non-maintainability.

Table of Content
1. withdrawal of a non-maintainable petition with liberty to refile. (Para 1 , 2)

CRIMINAL REVISION PETITION NO. 172 OF 2026

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING THAT TO SET ASIDE SESSIONS COURT ORDERS DATED 29.12.2025 AND 30.12.2025 AND TO RESTORE STAY AGAINST RECOVERY PROCEEDINGS AND WAIVE OR REDUCE 50% DEPOSIT CONDITION AND TO STAY ALL COERCIVE STEPS INCLUDING FLW / WARRANT/ATTACHMENT.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Learned counsel for the petitioner files memo seeking permission of this Court to withdraw the petition as it is not maintainable with liberty to file a fresh petition according to provision of law.

2. The memo is taken on record.

Accordingly, the revision petition is dismissed as withdrawn with liberty to file a fresh petition according to provision of law.

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