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2025 DAILYLAW 38909 (KAR)

SRI PRASHANTH, v. SRI.V. SRIDHAR BABU V

CRL.P/4315/2023 · 2025-09-17

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37203 CRL.P No. 4315 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 4315 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI PRASHANTH, S/O ASWATHANARAYANA, AGED ABOUT 41 YEARS, R/AT NO.18, I FLOOR, I CROSS, BEHIND SHANTHISAGAR HOTEL, CHIKKALLASANDRA, BANKERS COLONY, BENGALURU-560061 …PETITIONER (BY SRI. S VIJAYA KUMAR, ADVOCATE) AND: SRI.V. SRIDHAR BABU V AGED ABOUT 46 YEARS, 7-25, MOPARRU, GUNTUR, ANDRA PRADESH-522312 AND ALSO AT V SRIDHAR BABU, NO.70A/13/2/5/200 KOMMIENIR SUBBA RAO TOWERS, VIDYANAGAR, 1/7TH CROSS ROAD, GUNTUR, ANDRA PRADESH-522002 …RESPONDENT (NIL) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37203 CRL.P No. 4315 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 19.01.2023 PASSED BY THE LEARNED XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN DISMISSING THE CRIMINAL CASE FOR NON PROSECUTION AND ACQUITTING THE ACCUSED IN C.C.NO.1761/2020 BY RESTORING THE SAME BEFORE THE XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Learned counsel for the petitioner has filed a memo seeking permission of this Court withdraw the petition on the ground that the petitioner wants to approach the District Court against the dismissal of the complaint for non prosecution. 2. Aforesaid memo is placed on record. 3. In the light of the memo, the petition is dismissed as withdrawn, with liberty to the petitioner to approach appropriate Court, if so permissible under law, within a period of one month from today. In such an event, the petitioner shall be entitled to exclusion of the time spent - 3 - HC-KAR NC: 2025:KHC:37203 CRL.P No. 4315 of 2023 before this Court for the purpose of computing the period of limitation. 4. Registry is directed to return the certified copies of the documents, if any, to the learned counsel for the petitioner, after retaining Photostat copies of the same. 5. In view of dismissal of appeal, all pending application/s, if any is/are also disposed of, since no further orders is required. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 8