- 1 - HC-KAR NC: 2025:KHC:29342 WP No. 4240 of 2023 C/W CRL.P No. 9557 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 4240 OF 2023 (GM-RES) C/W CRIMINAL PETITION NO. 9557 OF 2021 IN WP No. 4240/2023 BETWEEN: 1. K SADASHIVA, AGED ABOUT 73 YEARS, S/O LATE K NAGAPPA, RESIDING AT RAMULAMMA PALACE, NEAR DURGAMMA TEMPLE, GANDHI NAGAR, BELLARY 583 103. …PETITIONER (BY KUM.ISHANI, ADVOCATE FOR SRI. PRASANNA KUMAR P., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY S P LOKAYUKTHA POLICE, D C OFFICE COMPOUND, DAKSHINA KANNADA DISTRICT, MANGALORE HPO, MANGALORE 575 001. …RESPONDENT (BY SRI.B.S.PRASAD. SPECIAL COUNSEL FOR R) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29342 WP No. 4240 of 2023 C/W CRL.P No. 9557 of 2021 THIS WP IS FILED PRAYING TO CALL FOR RECORDS IN SPL CASE NO.43/2011 PENDING ON THE FILE OF THE 3RD ADDITIONAL DISTRICT JUDGE, MANGALORE, QUASHING THE IMPUGNED ORDER DATED IMPUGNED ORDER DATED 07.02.2023, PASSED BY THE 3RD ADDITIONAL DISTRICT JUDGE, MANGALORE, WHEREBY THE LEARNED TRIAL JUDGE HAS REJECTED THE RECALL APPLICATION FILED BY THE ACCUSED/PETITIONER HEREIN, RECALLING THE ORDER DATED 05.01.2023 IN THE SPL. CASE NO.43/2011 AT ANNEXURE-A AND ETC. IN CRL.P NO. 9557/2021 BETWEEN: 1. K.SADASHIVA A/O LATE K NAGAPPA AGE 71 YEARS, RESIDING AT RAMULAMMA PALACE, NEAR DURGAMMA TEMPLE, GANDHI NAGAR, BELLARY-583-103. ...PETITIONER (BY SRI. SYED KASHIP ALI., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY S.P. LOKAYUKTHA POLICE, - 3 - HC-KAR NC: 2025:KHC:29342 WP No. 4240 of 2023 C/W CRL.P No. 9557 of 2021 D.C OFFICE COMPOUND, D.K., DISTRICT, MANGALORE HPO, MANGALORE - 575 001. ...RESPONDENT (BY SRI.B.S.PRASAD., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO A. SET ASIDE THE ORDER DATED 29.11.2021 IN S.C.NO.43/2011 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANGALORE (ANNEXURE-G) PASSED ALLOWING THE APPLICATION U/S 311 OF CODE OF CRIMINAL PROCEDURE. B. DISMISS THE APPLICATION FILED BY RESPONDENT U/S 311 OF CODE OF CRIMINAL PROCEDURE (ANNEXURE-E) AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Both learned counsel for the petitioner and respondent are present. - 4 - HC-KAR NC: 2025:KHC:29342 WP No. 4240 of 2023 C/W CRL.P No. 9557 of 2021 2. Learned counsel for the petitioner has filed a memo seeking permission to withdraw the petitions on the ground that the petitioner has expired on 23.03.2025. The photo copy of the death certificate is also produced. 3. In the light of the same, the petitions are dismissed as abated. 4. The Registry is directed to send a copy of this order to the trial Court through Email. 5. In view of the disposal of petitions, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 40