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2025 DAILYLAW 21931 (KAR)

SMT SAROJA v. STATE OF KARNATAKA

WP/10425/2024 · 2025-02-06

G Basavaraja, Krishna S Dixit

body2025

Judgment text

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- 1 - NC: 2025:KHC:5384-DB WP No. 10425 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO.10425 OF 2024 (KLGP) BETWEEN: SMT. SAROJA W/O MEGAHARAJ CHAVAN, AGED ABOUT 45 YEARS, R/A LOGAVI VILLAGE, ITTANGIHAL THANDA, VIJAYAPURA – 586 104. …PETITIONER (BY SRI. KULKARNI SHRINATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIJAYAPURA RURAL POLICE STATION, VIJAYAPURA DISTRICT, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560 00. 2. SRI. MUZAFFAR BALIGAR S/O NABILAL BALIGAR AGED UNKNOWN TAHASILDHAR, VIJAYAPURA RURAL TAHASILDHAR OFFICE, VIJAYAPURA. …RESPONDENTS (BY SMT. CHANDINI.S, HCGP FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND ITS FURTHER PROCEEDINGS IN CRIME No-241/2017 NOW LGC(T) No-7495/2021 PENDING ON THE FILE OF THE KARNATAKA LAND GRABBING PROHIBITION Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5384-DB WP No. 10425 of 2024 SPECIAL COURT AT BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE U/S 409 OF INDIAN PENAL CODE AND SECTION 192(b) OF KARNATAKA LAND REVENUE (AMENDMENT) ACT 2007 IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE G BASAVARAJA ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Learned counsel for the petitioner seeks leave of the Court to withdraw the petition with liberty to approach the trial court seeking discharge. Memo reads as under: “The undersigned counsel for Petitioner most respectfully submits that the Petitioner is unwilling to proceed this case and seek this Court to withdraw the case with liberty and approach the Land Grabbing Court to file the discharge application. Hence this Hon’ble court may kindly give the liberty to withdraw the petition in the interest of justice.” 2. There is no objection from the other side to the request for the leave to withdraw. - 3 - NC: 2025:KHC:5384-DB WP No. 10425 of 2024 In view of the above, leave having been accorded, the petition is permitted to be withdrawn with liberty as sought for. All contentions are kept open and costs made easy. However, discharge application to be moved before the trial court shall not be entertained without proof of payment of Rs.5,000/- as ordered by this Court on 07.01.2025. Registry to accept this payment, if made within four days from today. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE DR List No.: 1 Sl No.: 11