IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3579 OF 2017 BETWEEN :
1. ABDUL HUSSAINAR, S/O. UMARABBA, AGED ABOUT 34 YEARS, R/AT 3-406, BAJPE WEST ZONE GRAM PANCHAYAT, MANGALURU TALUK, D.K. DISTRICT-574 142.
2. MOHIYDDIN, S/O. BAKRIBYARI, AGED ABOUT 33 YEARS, RESIDING AT NO.5-243, SHANTIGUDDE HOUSE, BAJPE POST, MANGALURU TALUK, D.K. DISTRICT-574 142. (BY SRI: B. LETHIF, ADV.,) AND :
STATE OF KARNATAKA, REP. BY BAJPE POLICE STATION, D.K. DISTRICT. REPRESENTED BY S.P.P. HIGH COURT BUILDING, BENGALURU-560 001.
(BY SRI. SANDESH J. CHOUTA, SPP-II) ... PETITIONERS ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR. P.C. PRAYING TO SET ASIDE THE ORDER DATED 21.09.2016 IN CRL. MISC. NO.93/2016 PENDING ON THE FILE OF PRL. DIST. AND S.J. D.K. AGAINST THE PETITIONERS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
2. Learned counsel for the petitioner submits that instead of filing the appeal, inadvertently petition under Section 482 of Cr.P.C. is filed.
3. In view of the above said submission, the petition is dismissed with a liberty to the petitioner to file appeal afresh.
4. Office is hereby directed to return all the documents produced along with the petition so as to enable to counsel to file the appeal.
5. Accordingly, the petition is dismissed as withdrawn with such liberty as noted above.
Sd/- JUDGE snc