Anthariksh .V vs State of Karnataka

Type Court Judgment Court Karnataka Decided Jan 09, 2024

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Citation: sooperkanoon.com/1920304
Court: Karnataka High Court
Judge: K.Natarajan
Decided On: Jan 09, 2024
Case Number: CRL.P/6492/2022

Parties & Advocates

Appellant / Petitioner

Anthariksh .V

Respondent

State of Karnataka

Excerpt

.....- 560 001.2. m. arjun rajs/o sri. k. muniraju, aged about 26 years, r/o no.7/1, 1st main, 2nd block, keb quarter, -2- thyagarajanagar, bengaluru - 560 070. …respondents (by sri. vinay mahadevaiah, hcgp for r1; sri. vageesh v. hiremath, advocate for r2) this criminal petition is filed under section 482 of cr.p.c praying to quash the proceedings in pcr.no.20530/2021 on the file of the 4th a.c.m.m court, bengaluru as the dispute between petitioner and 2nd respondent is civil in nature u/s 420, 406, 504 and 506 of ipc and no offneces are involved. this petition, coming on for admission, this day, the court made the following:orderlearned high court government pleader for respondent no.1-state as well as learned counsel for respondent no.2 submit that the police have already filed charge sheet on 14.07.2022, prior to passing of the interim order dated 18.10.2022 by this court. but, the petitioner has challenged only the reference order in pcr, but not the fir and charge sheet.2. at this stage, learned counsel for the petitioner seeks permission of this court to withdraw the petition with liberty to file a fresh petition challenging the charge sheet. -3-3. the submission of the learned counsel for the petitioner is placed on record.4. accordingly, the criminal petition is dismissed as withdrawn with liberty as prayed for. sd/- judge cs list no.: 1 sl no.: 44 ct:sk

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 6492 OF 2022 BETWEEN: ANTHARIKSH.V S/O SRI VASUKI ACHARYA, AGED ABOUT 27 YEARS, R/O NO.20A/37, BMP 54, 3RD A MAIN ROAD, OPP: BOOMIKA PARADISE, BRINDAVAN LAYOUT, PADMANABHNAGAR, SUBRAMANYAPURA POST, BENGALURU - 560 061. …PETITIONER (BY SRI. K SREEDHAR, ADVOCATE) AND:

Digitally signed by 1. STATE OF KARNATAKA SHOBHA C REPRESENTED BY BANASHANKARI POLICE STATION, Location: High Court of Karnataka THYGARAJNAGAR, BENGALURU. THROUGH THE HIGH COURT PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

2. M. ARJUN RAJ

S/O SRI. K. MUNIRAJU, AGED ABOUT 26 YEARS, R/O NO.7/1, 1ST MAIN, 2ND BLOCK, KEB QUARTER, -2- THYAGARAJANAGAR, BENGALURU - 560 070. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. VAGEESH V. HIREMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN PCR.NO.20530/2021 ON THE FILE OF THE 4TH A.C.M.M COURT, BENGALURU AS THE DISPUTE BETWEEN PETITIONER AND 2ND RESPONDENT IS CIVIL IN NATURE U/S 420, 406, 504 AND 506 OF IPC AND NO OFFNECES ARE INVOLVED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned High Court Government Pleader for respondent No.1-State as well as learned counsel for respondent No.2 submit that the police have already filed charge sheet on 14.07.2022, prior to passing of the interim order dated 18.10.2022 by this Court. But, the petitioner has challenged only the reference order in PCR, but not the FIR and charge sheet.

2. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw the petition with liberty to file a fresh petition challenging the charge sheet. -3-

3. The submission of the Learned counsel for the petitioner is placed on record.

4. Accordingly, the criminal petition is dismissed as withdrawn with liberty as prayed for. Sd/- JUDGE CS List No.: 1 Sl No.: 44 CT:SK

Same Court & Year Karnataka · 2024 Same Parties Anthariksh .V vs State of Karnataka Same Judge K.Natarajan