- 1 - NC: 2025:KHC-D:5782 CRL.P No. 102243 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.102243 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. A.A. PATHAN AGE: 70 YEARS, OCC. AGRICULTURE, R/O. KELAGAERI ONI, SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG. 2. DAVALASAB S/O. MOHAMMED SAB KAGADAR, AGE: 70 YEARS, OCC. AGRICULTURE, R/O. A.A.PATHAN, KELAGAERI ONI, SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG. …PETITIONERS (BY SRI LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, HIGH COURT PREMISES-580011, KARNATAKA HIGH COURT, DHARWAD. 2. NAZEER AHMED S/O. ANNISAB SHALAGAR, AGE: 68 YEARS, OCC. AGRICULTURE, R/O. RAJPOOTH ONI, BETAGERI, TQ. DIST. GADAG. …RESPONDENTS (BY SMT.GIRIJA S.HIREMATH, HCGP FOR R1; SRI S.B. DODDAGOUDAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 14.01.2022 PASSED BY THE I ADDL. CIVIL JUDGE (JR.DIV.) AND JMFC COURT-I, GADAG IN CC NO. 1349/2018(P.C NO. 330/2005), REGISTERING THE CASE AND ISSUING SUMMONS AGAINST THE PETITIONER/ACCUSED NO. 11 AND 12 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 141, 142, 143, 323, 324, 341, 504, 506(2) R/W. 149 OF IPC. V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 12:23:47 +0530 - 2 - NC: 2025:KHC-D:5782 CRL.P No. 102243 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) After addressing the arguments for sometime, memo came tobe filed. Memo reads as under: “The petitioner-2 respectfully submit as under: That in the above case petitioner No.1 is dead, the petitioner No.2 not interested to prosecute the above Crl. Petition. Hence the petitioner No.2 may kindly be permitted to withdraw the above Criminal Petition, in the interest of justice and equity.” Placing the memo on record, petition is dismissed as withdrawn. However, liberty is reserved to canvas all the necessary defense before the trial Court. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 1 SL NO.: 25