- 1 - NC: 2025:KHC-D:5158 CRL.A No. 100163 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100163 OF 2025 BETWEEN: DURAGANNA S/O. GURUNATH SHASRIGOLLAR, AGE: 40 YEARS, OCC: BUSINESS, R/O: AMBEDKAR NAGAR, GOKAK, TQ: GOKAK, DIST: BELAGAVI - 591 307. …APPELLANT (BY SRI SHIVA SHIRUR, ADVOCATE) AND: ABUBAKAR S/O. AKRAMSAB YADAWAD, AGE: 33 YEARS, OCC: BUSINESS, R/O: ARABHAVI, TQ: MUDLAGAI, DIST: BELAGAVI – 587 121. …RESPONDENT THIS CRIMINAL APPEAL IS FILED U/SEC. 378(4) OF CR.P.C. (U/SEC. 419(4) OF BNSS ACT) SEEKING TO SET ASIDE THE ORDER DATED 06.03.2024 PASSED BY THE PRL. CIVIL JUDGE AND J.M.F.C. AT GOKAK IN P.C.R.NO.19/2023 VIDE DOCUMENT NO.2. AND RESTORE THE P.C.R.NO.19/2023 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE. THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5158 CRL.A No. 100163 of 2025 ORAL ORDER Learned counsel for the appellant files a memo seeking withdrawal of the appeal with liberty to initiate appropriate proceedings. The memo reads thus: “That, the advocate for the appellant most respectfully submits as under: That, the appellant most respectfully submits that, in the above captioned Criminal Appeal, the appellant most respectfully seeks to withdraw the appeal in view of objections regarding maintainability rasied by the office. The appellant further seeks liberty to approach the appropriate court in accordance with law. It is prayed that this Hon’ble court may be pleased to condone the time spent before this court in the interest of justice and equity.” 2. In view of the memo, the appeal is dismissed as withdrawn with liberty as prayed for. The appellant is entitled to the benefit of Section 14 of the Limitation Act. 3. Registry is directed to return the documents to the learned counsel for the appellant. SD/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC