IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.358 OF 2019 BETWEEN:
B.ABDUL MAJEED S/O.LATE MR.M.S.ABBAS AGED ABOUT 60 YEARS BUSINESSMAN R/AT.NO.3-13, HAPPY HOME APARTMENTS ARYA SAMAJ ROAD, BALMATTA MANGALORE – 575 001.
... PETITIONER (BY SRI.AJAY PRABHU, ADV., FOR SRI.SACHIN B.S., ADV.,) AND:
1. MOHAMMED MUSTHAFA S/O.U.P.ABBONU AGED ABOUT 38 YEARS R/AT.MAMTAZ BHAG BROOKES VILLA LAYOUT NEAR SHADI MAHAL, BOLAR MANGALORE – 575 001.
2. U.P.ABBONU S/O.IBAHIM AGED ABOUT 65 YEARS R/AT.MAMTAZ BHAG BROOKES VILLA LAYOUT NEAR SHADI MAHAL, BOLAR MANGALORE – 575 001.
3. VALLI MUKTHAD AHMED S/O.LATE VALLI AKBAR MAJOR R/AT.1ST MAIN, SUBHASHNAGAR PANDESHWAR MANGALORE – 575 001.
... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.07.2018 PASSED ON I.A. IN CRL.R.P.NO.NIL/2017 ON THE FILE OF PRINCIPAL SESSIONS JUDGE, D.K., MANGALURU AND CONSEQUENTLY AND ALLOW THE APPLICATION FILED U/S.5 LIMITATION ACT IN CRL.R.P.NO.NIL/2017 AS PRAYED FOR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for petitioner seeks leave of this Court to withdraw petition with liberty to file an appeal since the order passed by the trial Court discharging the accused amounts to acquittal.
Memo is filed to that effect and same is placed on record.
Accordingly, petition is dismissed as withdrawn with liberty as sought for.
SD/- JUDGE VMB