- 1 - NC: 2025:KHC-D:5729 WP No. 102080 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR WRIT PETITION NO.102080 OF 2025 (GM-RES) BETWEEN: SRI. KIRAN S/O. SHIVANAND SANNALINGANAVAR, AGED ABOUT: 39 YEARS, OCC: BUSINESS, R/O: VIVEKANAND NAGAR, 2ND CROSS, GOKAK, TQ: GOKAK, DIST: BELAGVI, PIN CODE – 591 307. …PETITIONER (BY SRI. A. B. PATIL MADAPUR & SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATES) AND: SMT. POORNIMA W/O. KIRAN SANNALINGANAVAR, AGE: 33 YEARS, OCC: HOUSE WIFE, C/O: ANNADANI PATIL, TAIYA KRUPA, 4TH CROSS, KALYANA NAGAR, DHARWAD – 580 007. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, R/W 482 OF CR.P.C.,(528 BNNS), PRAYING TO,A) ISSUE A WRIT IN THE NATURE OF CERTIORARI, BY QUASHING THE IMPUGNED ORDER DATED 21/03/2025, PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND CJM AT. DHARWAD, IN CRIMINAL MISCELLANEOUS NO.214/2022, VIDE ANNEXURE- H, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, 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:5729 WP No. 102080 of 2025 ORAL ORDER Learned counsel for the petitioner files memo seeking withdrawal of the petition with liberty to file appeal before the Sessions Court challenging the order dated 21.03.2025 passed in Crl.Misc.No.214/2022 by the III Additional Senior Civil Judge and CJM, Dharwad. 2. Memo reads thus; “The petitioner above named respectfully submits as under: That, the petitioner herein has challenging the order dated 21.03.2025, passed by the III Addl. Senior Civil Judge and CJM at Dharwad in Criminal Miscellaneous No.214/2022, which is the appealable order before the Sessions Court under Section 29 of the DV Act. Therefore the petitioner wants to withdraw the above petition with liberty to file appeal before the jurisdictional sessions court. Hence the petitioner may kindly be permitted to withdraw the above writ petition in the interest of justice and equity. Hence this memo.” - 3 - NC: 2025:KHC-D:5729 WP No. 102080 of 2025 3. In view of the memo, the petition is dismissed as withdrawn with liberty as prayed for. 4. Learned counsel for the petitioner is directed to file appeal before the Sessions Court within two weeks from this day. Till then, the operation of the impugned order dated 21.03.2025 passed in Crl.Misc.No.214/2022 by the Additional Senior Civil Judge and CJM, Dharwad is stayed. 5. Registry is directed to return documents to learned counsel for the petitioner. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 10