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Ditesh vs State of Karnataka

Ditesh vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jun 28, 2024
~2 min read
https://sooperkanoon.com/case/1917622

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/14333/2024

Parties & Advocates

Appellant / Petitioner

Ditesh

Respondent

State of Karnataka

Excerpt

-1-in the high court of karnataka at bengalurudated this the 28th day of june, 2024 before the hon'ble mr justice m.nagaprasanna writ petition no. 14333 of 2024 (gm-res) between: ditesh s/o narayana k, aged about 33 years, r/at no.1-144, ira bantwal, d.k. district 574 323 …petitioner (by sri. nishit kumar shetty., advocate) and:1. state of karnatakaby mulki police station, rep. by state public prosecutor, high court building, bangalore 560 001 digitally signed by nagaveni location: high 2. maxim rodrigues court of karnataka s/o late emmanuel aged about 52 years, r/at door no.1-125(10) ikala post and village, mulki taluk, d.k. district 574 141 …respondents (by sri. p. thejesh, hcgp for r1) -2-this wp is filed under article 226 of the constitution of india read with section 482 of code of criminal procedure, 1973 praying to quash / set aside the order dated 27/04/2024 passed in spl. c.c. no. 224/2023 (crime no. 89/2023) by the addl. district and sessions judge, ftsc-1 (pocso), d.k. on application filed by the petitioner under section 227 of cr.p.c. for discharge of the petitioner for the offence punishable under sections 228(a) of ipc, under section 67(b) and 66(e) of it act and under section 23 of posco act (annexure-a) and consequently allow the application filed by the petitioner under section 227 of cr.p.c. and discharge the petitioner for the offence punishable under sections 228(a) of ipc, under section 67(b) and 66(e) of it act and under section 23 of posco act and etc. this petition, coming on for preliminary hearing, this day, the court made the following: -3-orderlearned counsel for the petitioner seeks leave of this court to withdraw the petition and approach the court in the event of need. writ petition is disposed of as withdrawn. sd/- judge jj list no.: 1 sl no.: 27

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14333 OF 2024 (GM-RES) BETWEEN: DITESH S/O NARAYANA K, AGED ABOUT 33 YEARS, R/AT NO.1-144, IRA BANTWAL, D.K. DISTRICT 574 323 …PETITIONER (BY SRI. NISHIT KUMAR SHETTY., ADVOCATE) AND:

1. STATE OF KARNATAKA

BY MULKI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001 Digitally signed by NAGAVENI Location: HIGH 2. MAXIM RODRIGUES COURT OF KARNATAKA S/O LATE EMMANUEL AGED ABOUT 52 YEARS, R/AT DOOR NO.1-125(10) IKALA POST AND VILLAGE, MULKI TALUK, D.K. DISTRICT 574 141 …RESPONDENTS (BY SRI. P. THEJESH, HCGP FOR R1) -2-

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH / SET ASIDE THE ORDER DATED 27/04/2024 PASSED IN SPL. C.C. NO. 224/2023 (CRIME NO. 89/2023) BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO), D.K. ON APPLICATION FILED BY THE PETITIONER UNDER SECTION 227 OF CR.P.C. FOR DISCHARGE OF THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 228(A) OF IPC, UNDER SECTION 67(B) AND 66(E) OF IT ACT AND UNDER SECTION 23 OF POSCO ACT (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 227 OF CR.P.C. AND DISCHARGE THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 228(A) OF IPC, UNDER SECTION 67(B) AND 66(E) OF IT ACT AND UNDER SECTION 23 OF POSCO ACT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: -3-

ORDER

Learned counsel for the petitioner seeks leave of this court to withdraw the petition and approach the court in the event of need. Writ petition is disposed of as withdrawn. Sd/- JUDGE JJ List No.: 1 Sl No.: 27

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