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2025 DAILYLAW 7517 (KAR)

SRI SANTOSH S/O GUDDAPPA SURANGI v. SRI VINAYAK TIMMAPPA NAIK

CRL.P/103699/2022 · 2025-03-26

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:5563 CRL.P No. 103699 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103699 OF 2022 BETWEEN: SRI. SANTOSH S/O. GUDDAPPA SURANGI, AGE: 48 YEARS, OCC: AGRICULTURE & BUSINESS, R/O: ASHOK NAGAR, RANEBENNUR, DIST: HAVERI – 581 110. …PETITIONER (BY SRI. S. M. KALWAD, ADVOCATE) AND: SRI. VINAYAK TIMMAPPA NAIK, AGE: MAJOR, OCC: TEACHER, R/O: BANAVASI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 401. …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED 26.08.2022 MADE IN C.C. NO. 449/2016 PASSED BY THE COURT OF III ADDL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR IN THE PROCEEDINGS INITIATED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5563 CRL.P No. 103699 of 2022 ORAL ORDER Learned counsel for the petitioner files a memo seeking withdrawal of the petition with liberty to file appeal. 2. Memo reads thus; “That the petition intends to withdraw the aforesaid Criminal Petition in view of alternative remedy available under Section 378(4) of Cr.P.C, in the interest of justice and equity.” 3. In view of the memo, the petition is dismissed as withdrawn with liberty as prayed for. 4. Registry is directed to return all the documents to learned counsel for the petitioner. 5. The time spent during the pendency of this petition shall be excluded, if the appeal is filed within two weeks from this day. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 1 Sl No.: 23