Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.8486 OF 2025 BETWEEN: MR. D. SOMASHEKAR, S/O LATE VENURUVAPPA, AGED ABOUT 33 YEAR, R/AT KALUVAPALLI, KODEGEHALLI, ANANTHPURA, ANDRAPRADESH - 515 212. …PETITIONER (BY SMT. B.V.HEMALATHA., ADVOCATE)
AND: Digitally signed by 1. THE STATE BY SANJEEVINI J DODDABALLLAPURA TOWN P.S., KARISHETTY REPRESENTED BY THE Location: High Court of Karnataka STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
2. SMT.ZAREEN TAJ,
C/O HUJER AHMED, AGED ABOUT 33 YEARS, R/@F3-101, PWC APARTMENT, MARASANDRA, -2- HESARAGATTA HOBLI, YALAHANKA TALUK, BENGALURU - 560 063. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. S.P.P., FOR R1) THIS CRL.P. IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED NOTICE DATED 03.01.2025 U/S 35(3) OF BNSS SENT TO THE PETITIONER THROUGH WHATSAPP BY THE 1st RESPONDENT POLICE DODDABALLAPURA TOWN P.S. AND FIR IN CR.NO.5/2025, REGISTERED BEFORE THE COURT OF ADDL. CIVIL JUDGE AND J.M.F.C DODDABALLAPURA BENGALURU RURAL FOR THE OFFENCES P/U/S 126(2), 352, 351(2) OF BNS ACT, 2023, VIDE ANNEXURE G AND H RESPECTIVELY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-3- CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
What is called in question in the case at hand is a notice issued by the police under Section 35(3) of the BNSS, 2023.
2. Learned Addl. SPP submits pursuant to the investigation, charge sheet itself is filed.
3. Learned counsel appearing for the petitioner seeks leave of this Court to withdraw the petition and raise a challenge to the charge sheet so filed during the pendency of these proceedings.
4. Liberty so sought is granted. The petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE SJK