M/S RAKSHITH TYRES AND CAR SHRINGAR, v. THE STATE OF KARNATAKA
WP/8910/2023 · 2025-09-02
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38969 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38969 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35016 WP No. 8910 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8910 OF 2023 (GM-POLICE)
BETWEEN:
M/S RAKSHITH TYRES AND CAR SHRINGAR, NO 141, GROUND FLOOR, SUBBAIAH CIRCLE, LAL BAGH ROAD, BENGALURU 5600267 REPRESENTED BY ITS PROPRIETOR, SRI RAMESH M B.
…PETITIONER (BY SRI. T N VISWANATHA.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560001.
2.
THE COMMISSIONER OF POLICE BENGALURU CITY,
Digitally signed by VANAMALA N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35016 WP No. 8910 of 2023
NO 2, ALI ASKAR ROAD, VASANTH NAGAR, BENGALURU 560051.
3.
THE STATION HOUSE OFFICER KEMPEGOWDA NAGAR POLICE STATION, KG NAGAR MAIN ROAD, GAVIPURAM GUTTHALLI, KEMPEGOWDA NAGAR, BENGALURU 560019.
…RESPONDENTS
(BY SMT.K.P. YASHODHA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE DATED 29.03.2023 UNDER SECTION 41(A) OF THE CODE OF CRL PROCEDURE ISSUED BY THE R-3 AT ANNX-J .
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2025:KHC:35016 WP No. 8910 of 2023
ORAL ORDER
The petitioner has called in question the notice issued under Section 41 (a) of Cr.P.C. This Court, on 24.07.2023, has granted interim order subject to the petitioner depositing a sum of Rs.10,00,000/-. Sri.T.N.Viswanatha, the learned counsel for the petitioner, while stating that the cause for the present petition is because of the claim for outstanding by M/s. Kurhinashetty Souharda Credit Co-operative Ltd., states that No Due Certificate dated 15.07.2025 is issued and therefore the petitioner seeks leave to withdraw the petition but with the directions to the registry to refund the amount in deposit to the petitioner, and in fact the learned counsel files a memo enclosing a copy of the No Due Certificate for orders in this regard.
Mrs. K.P. Yashodha, the Additional Government Advocate, is heard in the light of the afore. The petition stands disposed of and the Registry is
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HC-KAR NC: 2025:KHC:35016 WP No. 8910 of 2023
directed to refund Rs.10,00,000/- to the petitioner through account transfer and the petitioner is reserved with liberty to file the account details with the registry within two [2] weeks from today
Sd/- (B M SHYAM PRASAD) JUDGE
SA List No.: 2 Sl No.: 28