Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5267 CRL.P No. 101431 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101431 OF 2025
BETWEEN:
SHRI. CHANDRAPPA S/O. NINGAPPA CHIKKANAVAR, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, R/AT MUMMIGATTI, DHARWAD TALUK, PRESENTLY AT CHABBI VILLAGE, HUBBALLI TALUK, DHARWAD DISTRICT – 580 025. …PETITIONER (BY SRI NAYANA KUMAR, ADVOCATE (ABSENT))
AND:
SHRI. MANJUNATH S/O. PRAKASH JAMDALE, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O: ARER ONI, CHARANTIMATH GARDEN, MANGALWAR PETH, DHARWAD. …RESPONDENT
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO SET ASIDE THE ORDER DATED 30.09.2024 PRODUCED AT ANNEXURE-A DISMISSING THE CASE FOR NOT TAKING STEPS PASSED IN C.C.3323/2018 BEFORE THE 1ST JMFC COURT, HUBBALLI AND RESTORE THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL 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
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NC: 2025:KHC-D:5267 CRL.P No. 101431 of 2025
ORAL ORDER
The order challenged in the present petition is dismissal of the complaint at the stage of issue of NBW to the accused. The said order amounts to acquittal. There is a specific remedy provided under Section 378(4) of Cr.P.C. to file an appeal.
Therefore, the present petition filed under Section 482 of Cr.P.C. is not maintainable. Hence, the petition is dismissed as not maintainable.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
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