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2025 DAILYLAW 9733 (KAR)

BHAGAVANTRAYA V. NAYAK v. THE STATE OF KARNATAKA

CRL.P/200375/2025 · 2025-06-30

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3494 CRL.P No. 200375 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200375 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: BHAGAVANTRAYA V. NAYAK S/O A. VENKATESH NAYAK, AGE: 60 YEARS, OCC: AGRICULTURE, R/O ARKERA VILLAGE, TQ. DEVADURGA, DIST. RAICHUR-584128. …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585107, THROUGH DEVADURGA P.S., RAICHUR-584128. …RESPONDENT (BY SMT. ARATI PATIL, HCGP) THIS CRL.P. IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE FILING OF CHARGE SHEET IN C.C.NO.142/2020 (CRIME NO.56/2019 OF DEVADURGA P.S.) AND ORDER OF TAKING COGNIZANCE DATED 02.06.2020 FOR Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3494 CRL.P No. 200375 of 2025 THE OFFENCES PUNISHABLE U/S 130 AND 131 OF REPRESENTATION OF THE PEOPLE ACT, 1951 AND 1988, PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC, DEVADURGA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Learned counsel for the petitioner files a memo. Memo reads as under: “The counsel for the petitioner most respectfully submits that, the petitioner has filed the above captioned petition for quashing the entire proceedings in C.C No.142/2020 (Crime No. 56/2019) of Devadurga P.S. That, the allegation against the present petitioner that, Accused No.2 came to the polling booth along with followers by holding a flag in his hand. That there is no specific allegation against the present petitioner and there is no any prima-facie material to attract the ingredients of Section 130, 131 of Representation of People's Act, 1951. Therefore, the petitioner may - 3 - HC-KAR NC: 2025:KHC-K:3494 CRL.P No. 200375 of 2025 kindly be permitted to withdraw the present petition with liberty to file discharge application before the Trial Court, in the interest of justice.” Placing the memo on record, the petition is dismissed as withdrawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 30 CT:PK