- 1 - NC: 2025:KHC-D:5546 CRL.RP No. 100237 of 2023 C/W CRL.RP No. 100239 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100237 OF 2023 (397(CR.PC)/438(BNSS)) C/W CRIMINAL REVISION PETITION NO.100239 OF 2023 IN CRL.RP.NO.100237/2023: BETWEEN: SRI ASHOK S/O. APPASAHEB SURYAVAMSHI, AGE: 56 YEARS, OCC. MEDICAL OFFICER, R/O. GOVERNMENT MEDICAL OFFICER, MEDICAL HEALTH CENTRE, MALALI, TQ. MUDHOL, DIST. BAGALKOTE-587313 …PETITIONER (BY SRI S.N. BANAKAR, ADVOCATE) AND: THE STATE BY MAHALINGPUR POLICE STATION, R/BY. P.S.I MAHALINGPUR POLICE STATION, R/BY. STATE ADDL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W. 401 OF CR.PC., SEEKING TO CALL FOR RECORDS FROM THE FILE OF CIVIL JUDGE AND JMFC BANAHATTI IN CC NO. 257/2022 DATED 27.02.2023 AND TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE TRIAL COURT IN CC NO. 257/2022 DATED 27.02.2023 FOR OFFENCE PUNISHABLE U/S. 176, 202 OF IPC PASSED BY THE CIVIL V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.27 10:53:56 +0530 - 2 - NC: 2025:KHC-D:5546 CRL.RP No. 100237 of 2023 C/W CRL.RP No. 100239 of 2023 JUDGE AND JMFC BANAHATTI AS PER ANNEXURE-H AND TO ALLOW THE IA FILED BY THE REVISION PETITIONER/ACCUSED NO.2 AS PER ANNEXURE-D MAY BE ALLOWED BY ALLOWING THIS CRIMINAL REVISION PETITIONER. IN CRL.RP.NO.100239/2023: BETWEEN: DR. GADIGEPPA S/O. HUCHAPPA CHITTARAGI, AGE: 56 YEARS, OCC. PVT. DOCTOR, R/O . NEAR BUSTAND ROAD, RABAKAVI, TQ. RABAKAVI-BANAHATTI, DIST BAGALKOTE-587314. …PETITIONER (BY SRI S.N. BANAKAR, ADVOCATE) AND: THE STATE BY MAHALINGPUR POLICE STATION, R/BY. P.S.I MAHALINGPUR POLICE STATION, R/BY. STATE ADDL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS FROM THE FILE OF CIVIL JUDGE AND J.M.F.C. BANAHATTI IN C.C.NO. 257/2022 DATED 27.02.2023 AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE TRIAL COURT IN C.C.NO. 257/2022 DATED 27.02.2023 PASSED BY THE CIVIL JDGE AND J.M.F.C. BANAHATTI. AS PER ANNEXURE-H. AND TO ALLOW THE I.A. FILED BY THE REVISION PETITIONER/ACCUSED NO.3 AS PER ANNEXURE-D MAY BE ALLOWED BY ALLOWING THIS CRIMINAL REVIISON PETITIONER. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:5546 CRL.RP No. 100237 of 2023 C/W CRL.RP No. 100239 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Learned counsel for the petitioner has filed a memo. Memo reads as under: “Herein the Advocate for revision petitioner above named begs to submit memo as under: That, the top noted Revision Petition is filed by Petitioner /accused No.2 in C.C No.257/2022 for the alleged offences punishable under S. 176 and 202 of I.P.C. filed application under S. 239 R/w Sec.249 of Cr.P.C. the said application came to be dismissed by order dated 27.02.2023 by the Civil Judge and J.M.F.C., Banahatti against which the Criminal Revision Petition is filed praying to set aside the impugned order and to allow the I.A. filed by the Revision Petitioner / accused No.2 and stop all further proceedings and to release the accused No.2 from the alleged charges and such release have the effect of discharge of Petitioner / accused No.2 by allowing the above criminal Revision Petition. Now the Petitioner / accused No.2 is intending to withdraw the above criminal Revision Petition with liberty to urge all the grounds urged in the above Revision Petition in C.C No.257/2022 pending on the file of Civil Judge and J.M.F.C., Banahatti. Hence it is prayed to grant necessary permission as prayed above with liberty to urge all the contention taken in the above Revision Petition in the interest of justice.” - 4 - NC: 2025:KHC-D:5546 CRL.RP No. 100237 of 2023 C/W CRL.RP No. 100239 of 2023 Placing the memo on record, petitions are dismissed as withdrawn with liberty as prayed for. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 12