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2025 DAILYLAW 86811 (KAR)

STATE OF KARNATAKA v. K. M. MUNI REDDY

CRL.P/1927/2023 · 2025-12-17

S Vishwajith Shetty

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:54008 CRL.P No. 1927 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1927 OF 2023 BETWEEN: 1. STATE OF KARNATAKA, AUTHORIZED OFFICER AND DEPUTY COMMISSIONER OF EXCISE, CHICKBALLAPUR DISTRICT, CHICKBALLAPURA. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU. …PETITIONER (BY SMT.K.P.YAHODHA, ADVOCATE) AND: 1. K. M. MUNI REDDY, S/O. LATE MARIYAPPA, AGED ABOUT 51 YEARS, R/AT KEMPANAHALLI VILLAGE, ABLOODU POST, SIDLAGHATTA TALUK, CHICKBALLAPURA DISTRICT - 562 105. …RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C BY THE S.P.P FOR THE STATE PRAYING TO QUASH THE ORDER DATED 10.08.2020 PASSED BY THE III ADDITIONAL DISTRCIT AND SESSIONS JUDGE, CHIKKABALLAPURA FOR THE OFFENCE P/U/S.32, 34, 43-A OF KARNATAKA EXCISE ACT 1965. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54008 CRL.P No. 1927 of 2023 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER ON I.A.NO.1/2025 This Criminal petition was filed by the State assailing the order dated 10.08.2020 passed by the Court of III Additional District and Sessions Judge, Chikkaballapura in Criminal Appeal No.48/2016, wherein the order passed by the Authorised Officer and Deputy Commissioner of Excise in proceedings bearing No.EXE/CBPUR/DTCR/185/2010-11 dated 17.05.2016, confiscating the vehicle bearing registration No.KA-07-2133 was set aside. This criminal petition was dismissed as withdrawn on 25.03.2024 with liberty to the petitioner/state to file a writ petition as against the order impugned. This application is filed to reads the aforesaid order dated 25.03.2024. 2. Learned Additional Government Advocate submits that the criminal case which was registered against the respondent accused has ended up in acquittal and the said order of acquittal has attained finality. Therefore, this Criminal petition ought to have been - 3 - HC-KAR NC: 2025:KHC:54008 CRL.P No. 1927 of 2023 dismissed as infructuous, instead of dismissing it as withdrawn with liberty to challenge the order impugned in a writ petition. In view of the aforesaid, the order dated 25.03.2024 passed in this criminal petition is recalled and this criminal petition is dismissed as infructuous. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 10