- 1 - HC-KAR NC: 2025:KHC-K:2858 CRL.P No. 200724 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200724 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SANTOSH S/O KALYANRAO SHELKE, AGE: 43 YEARS, OCC: LECTURER. 2. KALYANRAO S/O BABURAO SHELKE, AGE: 71 YEARS, OCC: AGRICULTURE. 3. DILIP S/O BABURAO SHELKE, AGE: 58 YEARS, OCC: TEACHER. 4. MADHAVRAO S/O BABURAO SHELKE PATWARI, AGE: 78 YEARS, OCC: RETIRED REVENUE DEPT EMPLOYEE. 5. BASAWARAJ S/O GURUNATH SHELKE, AGE: 43 YEARS, OCC: EX. GP. MEMBER AND CONTRACTOR. 6. SACHIN S/O CHANDARKANT SHELKE, AGE: 31 YEARS, OCC: OM SAI DHABA HOTEL BUSINESS. 7. CHANNABASAYYA S/O SHIVARAYA SHELKE, AGE: 31 YEARS, OCC: AGRICULTURE AND ENGINEER. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2858 CRL.P No. 200724 of 2024 8. SANGAMESH S/O GURUNATH SHELKE, AGE: 48 YEARS, OCC: FLOUR MILL. 9. CHADRAKANT S/O BABURAO SHELKE, AGE: 64 YEARS, OCC: RETIRED TEACHER. 10. RAJKUMAR S/O MADHAVRAO SHELKE, AGE: 48 YEARS, OCC: AGRICULTURE. 11. ANAND S/O DILIP SHELKE, AGE: 23 YEARS, OCC: AGRICULTURE. 12. OMKAR S/O SHIVARAJ SHELKE, AGE: 38 YEARS, OCC: AGRICULTURE. 13. SHIVARAJ S/O BABURAO SHELKE, AGE: 65 YEARS, OCC: AGRICULTURE. 14. GURUNATH S/O BABURAO SHELKE, AGE: 68 YEARS, OCC: AGRICULTURE, ALL ARE R/O KOUTHA –B, TQ. AURAD, DIST. BIDAR-585 421. …PETITIONERS (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE) AND: 1. STATE, SANTAPUR POLICE STATION, THROUGH ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 103. 2. SHIVARAJ S/O TUKKAPPA MANDAKNALE, AGE: 66 YEARS, OCC: AGRICULTURE, R/O KOUTHA-B TQ. AURAD (B), DIST. BIDAR-585 421. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC-K:2858 CRL.P No. 200724 of 2024 (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI SANJAY A. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.754/2023 (IN PCR NO. 02/2021) ON THE FILE OF CIVIL JUDGE AND JMFC Court, AURAD-B, BIDAR FOR THE OFFENCES PUNISHABLE U/SEC. 147, 323, 324, 504, 511 R/W SEC. 149 IPC. 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 at length, a memo came to be filed. Memo reads as under: “May it please Your Lordship, In the above case, undersigned counsel for the petitioners humbly submit that the criminal case that has been registered and is pending on the file of JMFC, Aurad Court, is arising out of Private Complaint that was filed before special court and later on stood transferred to magistrate court for trial of IPC offences. - 4 - HC-KAR NC: 2025:KHC-K:2858 CRL.P No. 200724 of 2024 The petitioners have challenged the order of taking cognizance by the learned magistrate in the above case. However, since evidence before charge is yet to be recorded by the trial court. Therefore, in that view of the matter, it is humbly prayed that, the petitioners be permitted to withdraw the petition with liberty to challenge the order of learned magistrate in the event of learned magistrate proceeding to frame the charge, after recording evidence before charge. Hence this memo.” Placing the memo on record, the petition is dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 30 CT:PK