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2025 DAILYLAW 47661 (KAR)

SADHUNAVAR EDUCATION SOCIETY, BAILHONGAL v. THE STATE OF KARNATAKA

CRL.P/101353/2025 · 2025-03-14

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4808 CRL.P No. 101353 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101353 OF 2025 BETWEEN: SADHUNAVAR EDUCATION SOCIETY, BAILHONGAL REP. BY ITS AUTHORIZED REPRESENTATIVE, SHRI DR. VIRUPAXI S/O. SHIVALINGAPPA SADHUNAVAR, AGE: 74 YEARS, OCC: BUSINESS, R/O: MRUTYUNJAY NAGAR, BAILHONGAL, DISTRICT: BELAGAVI – 591 102. …PETITIONER (BY SRI K. L. PATIL AND SRI S.S.BETURMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT DHARWAD BENCH, DHARWAD – 580 011. 2. THE KARNATAKA STATE SOUHARDA FEDERAL COOPERATIVE LTD., BENGALURU, HAVING ITS REGIONAL OFFICE AT BELAGAVI, R/BY ITS REGIONAL MANAGER, SHRI BASAVARAJ S/O. SANNAVEERAPPA HONGAL, AGE: 37 YEARS, OCC: SERVICE, AS REGIONAL MANAGER, K.S.S.F.C. LTD., R/O: O/O. K.S.S.F.C. LTD., REGIONAL OFFICE AT 1119/B, KANABARGI INDUSTRIAL AREA, NEAR RURAL AYURVEDIC COLLEGE, AUTO NAGAR, BELAGAVI – 590 015. …RESPONDENTS (BY SRI RAMESH B. CHIGARI, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE PRIVATE COMPLAINT REGISTERED IN P.C.R. NO.30/2024 AND ITS PROCEEDINGS BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT, BAILHONGAL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 316, 318, 319, 336, 338, 340, 343, 344, READ WITH SECTION 3(5) OF BNS 2023 INSOFAR AS THE PRESENT PETITIONER/ACCUSED NO.2 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4808 CRL.P No. 101353 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioner files a memo seeking withdrawal of the petition with liberty to file a fresh petition. 2. Memo reads thus; “In this the Advocate for the Petitioner submits as under: That, the Petitioner had filed the above criminal petition before this Hon'ble Court seeking for quashing of private complaint registered in P.C. No.30/2025 and its proceedings before the Prl. Civil Judge & JMFC Court, Bailahongal for the offence punishable under Sections 316, 318, 319, 336, 338, 340, 343, 344 R/w. Section 3(5) of BNS 2023 insofar as the present Petitioner/Accused No.2, is concerned. After filing of the above petition the learned Prl. Civil Judge & JMFC Court, Bailahongal by order dated 28/02/2025 referred the case for investigation by the Police Inspector, Bailhongal Police Station. Hence, the Petitioner wants to challenge the order dated 28/02/2025 - 3 - NC: 2025:KHC-D:4808 CRL.P No. 101353 of 2025 along with the private complaint with additional grounds. Hence, the Petitioner may be permitted to withdraw the above Petition with liberty to file fresh petition with additional grounds challenging the private complaint in P.C. No.30/2025 and order dated 28/02/2025 passed by the Prl. Civil Judge & JMFC Court, Bailhongal, in the ends of justice.” 3. In view of the memo, the petition is dismissed as withdrawn with liberty as prayed for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 2 Sl No.: 3