Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8159 OF 2024 BETWEEN: REPRESENTED BY ITS MANAGER, RAJASHEKHAR H HULYAL, S/O H.P. HULYAL, AGED ABOUT 49 YEARS, MANAGER, KAMMANAHALLI MAIN ROAD, BANASWADI, BENGALURU - 560 043. …PETITIONER (BY SRI. SANJAY H. SETHIYA, ADVOCATE)
AND: Digitally signed by 1. STATE OF KARNATAKA SHARADAVANI B BY BANASWADI POLICE STATION, Location: High REPRESENTED BY SPP, Court of Karnataka HIGH COURT OF KARNATAKA, OPPOSITE VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. SAMUEL J BORCO,
S/O UNKNOWN, AGED ABOUT 40 YEARS, RESIDING AT NO. CS 201, JRK GARDEN ANADPURA, T.C. PALYA, -2- BENGALURU - 560 036. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO. REGISTERED BY THE BANASWADI POLICE STATION AGAINST THE PETITIONER PENDING ON THE FILE OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU QUA THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs: " Wherefore, in light of the foregoing facts and grounds, the Petitioner humbly pray:
1. To quash the entire criminal proceedings in C.C.No.61456/2023 for the offence punishable under Section 420 of IPC registered by the -3-
Banaswadi Police Station against the Petitioner pending on the file of the XI Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru qua the Petitioner who is arrayed as Accused No.1, and
2. Grant such other relief as this Hon'ble Court deems fit to meet the ends of justice."
2. Learned counsel for the petitioner has filed a
memo, stating that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioner to file a fresh petition, in the interest of justice and equity. The memo is placed on record.
3. The memo reads as under: MEMO FOR WITHDRAWAL
"The undersigned Counsel for the Petitioner most respectfully submits that the Petitioner is not desirous of contesting the above matter. Hence, this Hon'ble Court may kindly be pleased to allow to withdraw the instant petition in the interest of equity and justice." -4-
4. The petition stands disposed of as withdrawn, reserving liberty in favour of the petitioner to file a comprehensive/fresh criminal petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 2 Sl No.: 3 CT: BHK