Gowrishankar Swamy vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Apr 25, 2024

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Citation: sooperkanoon.com/1883121
Court: Karnataka Orders High Court
Judge: Krishna S Dixit
Decided On: Apr 25, 2024
Case Number: CRL.P/2240/2024

Parties & Advocates

Appellant / Petitioner

Gowrishankar Swamy

Respondent

State of Karnataka

Excerpt

.....leave of the court to withdraw the petition. the memo reads as under: “memo for withdrawal the petitioner humbly submits as under:1. the advocate for the petitioner humbly submitsthat the hon'ble trial court has passed the orders on 21.02.2024 on the application seeking for discharge. the hon'ble trial court has dismissed the application for discharge.2. the petitioner humbly submits that he intends to challenge the order dismissing the application for discharge before the appropriate court.3. it is submitted that in view of the above facts,the hon'ble court may be pleased to permit the petitioner to withdraw the aforesaid criminal petition reserving liberty to the petitioner to challenge the order dated 21.02.2024 passed by the hon'ble trial court on the application seeking for discharge. wherefore it is humbly prayed that this hon'ble court may be pleased to dismiss the -3- criminal petition as being withdrawn reserving the liberty to challenge the order dated 21.02.2024 passed by the hon'ble trial court on the application seeking for discharge in the interest of justice and equity.”2. learned addl. spp appearing for the answeringrespondent does not have objection for grant of leave to withdraw. right to file a petition includes right to withdraw it subject to all just exceptions into which argued case of the petitioner does not fit. in view of the above, petition is disposed off as having been withdrawn. liberty to file revision petition against the subject order however is reserved. a copy of this order be sent to jurisdictional court and to the 2nd respondent by speed post. immediately sd/- judge cbc list no.: 1 sl no.: 7

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT CRIMINAL PETITION NO. 2240 OF 2024 (482) BETWEEN: GOWRISHANKAR SWAMY S/O LATE CHANNIGAPPA C, AGED ABOUT 46 YEARS, RESIDING AT 16TH CROSS, VIJAYANAGARA, BANGALORE - 560 040. …PETITIONER (BY SRI. SANTOSH S NAGARALE., ADVOCATE) AND:
1. STATE OF KARNATAKA,

BY TUMKUR RURAL POLICE STATION, TUMKUR, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally HIGH COURT BUILDING, signed by DR.AMBEDKAR VEEDHI, CHETAN B C BENGALURU - 560 001. Location: HIGH COURT OF 2. MR. RAMESH BETTAIAH, KARNATAKA AGED ABOUT 54 YEARS, RESIDING AT NO.823, DOUBLE ROAD, BANGALORE - 560 027. …RESPONDENTS (BY SRI.B N JAGADEESH, ADDL SPP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.30816/2021 PENDING ON THE FILE OF 42ND A.C.M.M (SPL.COURT FOR TRIAL OF CASES AGAINST SITTING AS WELL AS FORMER MPs/MLAs TRIABLE BY MAGISTRATE IN THE STATE -2- OF KARNATAKA) FOR THE ALLEGED OFFENCE P/U/S 120B, 465, 474, 468, 471, 403, 171(E) R/W 37 OF IPC AND SEC.127(A) OF THE REPRESENTATION OF PEOPLES ACT 1951 IN CR No.128/2020 OF TUMKUR P.S. AND ETC. THIS CRL.P COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING

ORDER

Learned counsel for the petitioner has moved a Memo dated 25.04.2024 seeking leave of the court to withdraw the petition. The Memo reads as under: “MEMO FOR WITHDRAWAL The Petitioner humbly submits as under:

1. The advocate for the petitioner humbly submits

that the Hon'ble Trial Court has passed the orders on 21.02.2024 on the application seeking for discharge. The Hon'ble Trial Court has dismissed the application for discharge.

2. The petitioner humbly submits that he intends to challenge the order dismissing the application for discharge before the appropriate court.

3. It is submitted that in view of the above facts,

the Hon'ble Court may be pleased to permit the petitioner to withdraw the aforesaid criminal petition reserving liberty to the petitioner to challenge the order dated 21.02.2024 passed by the Hon'ble Trial Court on the application seeking for discharge. WHEREFORE it is humbly prayed that this Hon'ble Court may be pleased to dismiss the -3- criminal petition as being withdrawn reserving the liberty to challenge the order dated 21.02.2024 passed by the Hon'ble Trial Court on the application seeking for discharge in the interest of justice and equity.”

2. Learned Addl. SPP appearing for the answering

respondent does not have objection for grant of leave to withdraw. Right to file a petition includes right to withdraw it subject to all just exceptions into which argued case of the petitioner does not fit. In view of the above, petition is disposed off as having been withdrawn. Liberty to file Revision Petition against the subject order however is reserved. A copy of this order be sent to jurisdictional court and to the 2nd respondent by Speed Post. immediately Sd/- JUDGE CBC List No.: 1 Sl No.: 7

Same Court & Year Karnataka Orders · 2024 Same Parties Gowrishankar Swamy vs State of Karnataka Same Judge Krishna S Dixit