- 1 - HC-KAR NC: 2025:KHC-K:3917 CRL.P No. 200551 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.200551 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: AHMED MIYA S/O ABDUL SAB, AGED ABOUT 50 YEARS, OCC: AGRI., R/O. ISLAMNAGAR, MANVI TQ. DIST.RAICHUR-584123. …PETITIONER (BY SRI. P. S. MALIPATIL, ADVOCATE) AND: GOGINENI DR. RADHAKRISHNA S/O LATE VENKATESHWAR RAO, AGED ABOUT 55 YEARS OCC: AGRI / DENTAL SURGEON, R/O. MADLAPUR CAMP, MANVI TQ. DIST.RAICHUR – 584123, NOW R/O. ANDHRA BANK COMPLEX, KOHTAPETA CROSS ROAD, HYDERABAD – 500035. …RESPONDENT (BY SRI. BASAVARAJ C. JAKA, ADVOCATE) THIS CRL.P IS FILED U/S. 528 OF BNSS,2023 PRAYING TO, ALLOW THE CRIMINAL PETITION AND SET ASIDE THE ORDER DATED 06.12.2024 PASSED IN CRL. REV. PET. NO. 33/2022 BY THE PRL. DIST. AND SESSIONS JUDGE RAICHUR AND CONFIRM THE DISCHARGE ORDER DATED 22.03.2022 PASSED IN C.C NO.7/2016 BY THE CIVIL JUDGE AND JMFC, MANVI. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3917 CRL.P No. 200551 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) After addressing the arguments for some time, learned counsel for the petitioner files a memo, which reads as under: “The Petitioner has filed an application U/Sec.245(1) & (2) of the Code of Criminal Procedure for discharge in C.C. No.7/2016 on the file of JMFC, Manvi. The learned Magistrate has allowed the application on 22-3-2022 and discharged the Petitioner. However, the provision of law was mentioned as Sec.239 of Code of Criminal Procedure. The Respondent being aggrieved by the order dt. 22-3- 2022, filed Crl. Rev. Pet. No.33/2022 before the learned Sessions Judge, Raichur. The learned Sessions Judge has allowed the Revision Petition on 6-12-2024 and set aside the order dt. 22-3-2022, reserving liberty to the Petitioner to file fresh application for discharge after recording of evidence. Being aggrieved by the order of the learned Sessions Judge dt. 6-12-2024, the Petitioner has filed the above criminal petition to set aside the order dt. 6-12-2024 and confirmed the order of discharge. - 3 - HC-KAR NC: 2025:KHC-K:3917 CRL.P No. 200551 of 2025 After hearing the above criminal petition, the Petitioner seeks leave to reserve liberty to file fresh discharge application U/Sec.245(1) & (2) of Code of Criminal Procedure evidence before charge. Hence, this memo may be taken on record and the above Revision Petition may kindly be disposed of accordingly, in the interest of justice and equity.” 2. Placing the memo on record, petition is dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 43 CT:PK