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2026 DAILYLAW 44772 (KAR)

SRI. MOHAMED ASHRAF ARAKKAL KOOTTINTAKAYIL v. STATE BY YESHWANTHPUR P. S.

WP/3614/2025 · 2026-10-05

V Srishananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010080682025 NC: 2026:KHC:55368 WP No. 3614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 3614 OF 2025 (GM-RES) BETWEEN: 1. SRI. MOHAMED ASHRAF ARAKKAL KOOTTINTAKAYIL S/O ARAKKAL VETTATH AHMEDKUTTY AGED ABOUT 68 YEARS R/A PUDUMANASSERY, PAVARATTY P.O., PAVARATTY, THRISSUR KERALA - 680 507. 2. SMT. SHAJITHA MOHAMED ASHARAF W/O MOHAMED ASHRAF ARAKKAL KOOTINTAKAYIL, AGED ABOUT 64 YEARS, R/A PUDUMANASSERY, PAVARATTY P.O., PAVARATTY, THRISSUR KERALA - 680 507. …PETITIONERS (BY SRI. PAVAN A, ADVOCATE) AND: 1. STATE BY YESHWANTHPUR P. S. BANGALORE - 560 003. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001. Digitally signed by ASHWINI MAYAPPA MAVARAKAR Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010080682025 NC: 2026:KHC:55368 WP No. 3614 of 2025 2. SRI. CLEETUS FRANCIS AGED ABOUT 64 YEARS S/O FRANCIS RESIDING AT CLIPPI HOUSE T,C, 13/287, E.M.S NAGAR CHERIYA, KANNIYAN KANDIYIL NAGAPURAM, PUTTUR, THIRUVANANTHAPURAM, KERALA - 695 235. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; R2 SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING R/W SEC. 528 OF THE BNSS, 2023 PRAYING TO DIRECT THE R-1 TO ISSUE NOTICE UNDER S.41A OF Cr.P.C/S. 35(3) OF BNSS TO THE PETITIONERS FOR APPEARANCE AND PRELIMINARY ENQUIRY BEFORE REGISTERING CASE AGAINST THE PETITIONERS ON THE BASIS OF THE CRIMINAL COMPLAINT FILED BY THE R-2 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the petitioners has filed a memo for withdrawal. The memo reads as under: "The petitioners above named most respectfully submits that the petitioners do not wish to prosecute the above case any further and hereby withdraw the same. - 3 - HC-KAR CNR: KAHC010080682025 NC: 2026:KHC:55368 WP No. 3614 of 2025 Wherefore, it is most respectfully prayed that this Hon’ble Court may be pleased to permit the petitioners to withdraw the above case and dismiss the same as withdrawn, in the interest of justice and equity.” Placing the memo on record, petition is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 18