Ashok Kumar Adiga vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Mar 27, 2024

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Citation: sooperkanoon.com/1865567
Court: Karnataka Orders High Court
Judge: M.Nagaprasanna
Decided On: Mar 27, 2024
Case Number: WP/3199/2024

Parties & Advocates

Appellant / Petitioner

Ashok Kumar Adiga

Respondent

State of Karnataka

Excerpt

.....- 560 0012. sri. somashekarayyas/o bhadrayya aged 48 yeawrs sahakara developmental officer no.146, 8th cross, 3rd main malleshwaram bangalore - 560 003 …respondents (by sri. k.shashikiran shetty, a.g., a/w sri. kiran kumar, hcgp for r1) -2- this wp is filed under articles 226 and 227 of the constitution of india praying to quash the fir in crime no.493/2023 of basaveshwara nagara police station, for the offences punishable u/s 406, 420, 465, 468, 278 r/w 34 of the indian penal code, sections 79, 80 of karnataka police act, 1963, section 6(b) and 24of cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) rules 2004 pending in the file of the iv additional chief metropolitan magistrate at bangalore, produced at annexure-a in so far as the petitioner is concerned, holding that it is an abuse of process of law. this petition, coming on for preliminary hearing, this day, the court made the following:orderheard the learned counsel sri.vinod kumar m., appearing for the petitioner and the learned advocate general sri.k.shashikiran shetty along with the learned high court government pleader sri.kiran kumar, appearing for respondent no.1.2. the petition is filed calling in question, crimes registered against the petitioner for several offences as indicated in the fir, so registered. -3-3. learned counsel sri.vinod kumar m., representingthe petitioner after arguing the matter at length would seek leave of this court to withdraw this petition, and reserve liberty to challenge the same, if the final report filed by the police after investigation, would go against him.4. the liberty so sought is granted, the petition is disposed as withdrawn. sd/- judge kg

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3199 OF 2024 (GM-RES) BETWEEN: ASHOK KUMAR ADIGA S/O A.V.R ADIGA AGED ABOUT 60 YEARS R/A NO.288, 3 'A' CROSS 2ND BLOCK, 3RD STAGE BASAVESHWARANAGAR BANGALORE - 560 079 …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND:
1. STATE OF KARNATAKA BY BASAVESHWARA NAGAR POLICE STATION BASAVESHWARA NAGAR Digitally signed
by NAGAVENI              BANGALORE - 560 079
Location: HIGH           REP. BY ITS: STATE PUBLIC PROSECUTOR
COURT OF                 HIGH COURT OF KARNATAKA
KARNATAKA                BANGALORE - 560 001
2. SRI. SOMASHEKARAYYA
S/O BHADRAYYA AGED 48 YEAWRS SAHAKARA DEVELOPMENTAL OFFICER NO.146, 8TH CROSS, 3RD MAIN MALLESHWARAM BANGALORE - 560 003 …RESPONDENTS (BY SRI. K.SHASHIKIRAN SHETTY, A.G., A/W SRI. KIRAN KUMAR, HCGP FOR R1) -2- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CRIME NO.493/2023 OF BASAVESHWARA NAGARA POLICE STATION, FOR THE OFFENCES PUNISHABLE U/S 406, 420, 465, 468, 278 R/W 34 OF THE INDIAN PENAL CODE, SECTIONS 79, 80 OF KARNATAKA POLICE ACT, 1963, SECTION 6(B) AND 24
OF CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) RULES 2004 PENDING IN THE FILE OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE, PRODUCED AT ANNEXURE-A IN SO FAR AS THE PETITIONER IS CONCERNED, HOLDING THAT IT IS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel Sri.Vinod Kumar M., appearing for the petitioner and the learned Advocate General Sri.K.Shashikiran Shetty along with the learned High Court Government Pleader Sri.Kiran Kumar, appearing for respondent No.1.

2. The petition is filed calling in question, crimes registered against the petitioner for several offences as indicated in the FIR, so registered. -3-

3. Learned counsel Sri.Vinod Kumar M., representing

the petitioner after arguing the matter at length would seek leave of this Court to withdraw this petition, and reserve liberty to challenge the same, if the final report filed by the Police after investigation, would go against him.

4. The liberty so sought is granted, the petition is disposed as withdrawn. Sd/- JUDGE KG

Same Court & Year Karnataka Orders · 2024 Same Parties Ashok Kumar Adiga vs State of Karnataka Same Judge M.Nagaprasanna