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2025 DAILYLAW 31134 (KAR)

HEMALATA @ RADHIKA v. STATE BY HENNUR P.S., BANGALORE

CRL.RP/1509/2016 · 2025-06-12

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20103 CRL.RP No. 1509 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 1509 OF 2016 BETWEEN: 1. HEMALATA @ RADHIKA W/O PRABHAKAR AGED ABOUT 60 YEARS. 2. ARAVIND PRABHAKAR S/O PRABHAKAR AGED ABOUT 24 YEARS. 3. AJAY @ KRISHNA S/O PRABHAKAR AGED ABOUT 21 YEARS. ALL ARE RESIDING AT No. 004, TRINITY COURT APARTMENT DOUBLE ROAD, APPAREDDY PALYA INDIRANAGAR, BANGALORE – 560 038. …PETITIONERS (BY SRI S G MUNISWAMY GOWDA, ADVOCATE P-3 ABATED) AND: STATE BY HENNUR P.S., BANGALORE CITY, R/P BY ITS SPP HIGH COURT BUILDINGS BANGALORE - 01 …RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20103 CRL.RP No. 1509 of 2016 THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER DATED 26.07.2016 AND DISCHARGING THE PETITIONERS IN C.C.No.24577/2012 PENDING ON THE FILE OF XI A.C.M.M., BANGALORE FOR TEH OFFENCES PUNISHABLE UNDER SECTION 420, 419 AND 120(B) OF IPC AND ETC., THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioner files memo seeking withdrawal of this petition. 2. The memo reads thus; “The undersigned respectfully seeks leave of this Hon'ble Court to withdraw the present revision petition, with liberty to file a fresh revision petition before the jurisdictional Sessions Court. It is further prayed that the time spent in prosecuting the present petition before this Hon'ble Court be excluded for the purpose of computing the period of limitation, in accordance with law, while filing the fresh petition before the Sessions Court. It is also most respectfully prayed that the interim order of stay granted by this Hon'ble Court be graciously extended for a further period of four (4) weeks, to - 3 - HC-KAR NC: 2025:KHC:20103 CRL.RP No. 1509 of 2016 enable the petitioner to approach the jurisdictional Sessions Court, in the interest of justice. In view of the foregoing, the petitioners pray that this Hon'ble Court may be pleased to: a)Grant leave to withdraw the present revision petition with liberty to file a fresh revision petition before the jurisdictional Sessions Court; b) Direct exclusion of the time spent in prosecuting the present petition before this Hon'ble Court for the purpose of limitation; c) Extend the interim stay order granted by this Hon'ble Court for a further period of four weeks; and d) Pass such other and further orders as this Hon'ble Court may deem fit in the interest of justice and equity.” 3. In view of the memo, this Criminal Revision Petition is dismissed as withdrawn with liberty to file Criminal Revision Petition before the Jurisdictional Sessions Court. 4. The time spent in prosecuting this present petition has to be excluded for the purpose of computing the period of limitation if the petitioner files Criminal - 4 - HC-KAR NC: 2025:KHC:20103 CRL.RP No. 1509 of 2016 Revision Petition before the Sessions Court within four weeks from this day. 5. The interim order granted by this Court is extended for the period of four weeks from this day. 6. The office is directed to return the documents to learned counsel for the petitioner. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 51