- 1 - HC-KAR NC: 2025:KHC:35054 CRL.P No. 70 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 70 OF 2025 BETWEEN: 1. MAHAMED HABEEBULLA SON OF LATE KHASIM SAAB AGED ABOUT 57 YEARS GOVERMENT EMPLOYEE R/AT ANJUMAN A ISLAMIYA SUNNI HANAPI MYDANA HARIHARA DAVANAGERE DISTRICT-577 601. …PETITIONER (BY SRI. M.R. HIREMATHAD, ADVOCATE) AND: 1. SRI. SUDHAKARA S/O GANGADHARAPPA AGED ABOUT 43 YEARS HARIHARA DAVANAGERE DISTRICT-577 601. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 29-11- 2024, ON THE APPLICATION UNDER SECTION-311 OF CR.P.C., PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC HARIHARA IN C.C.NO-2455/2021 CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER HEREIN BEFORE THE TRIAL COURT U/SEC 311 OF CR.P.C. THEREBY DIRECTING THE TRIAL COURT TO PASS AN ORDER FOR RECALLING PW-1 FOR FURTHER CROSS EXAMINATION. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35054 CRL.P No. 70 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned counsel for the petitioners has filed a memo dated 21.08.2025 seeking permission of this Court to withdraw petition as having become infructuous. 2. The said memo is taken on record. 3. In view of the above said memo, the criminal petition is dismissed as withdrawn. Consequently, I.A.No.1/2024 is also dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 79