IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.8335/2016 BETWEEN:
D. KEMPEGOWDA SINCE DEAD BY LR’S.
1. SMT. SAROJAMMA W/O MARANKEGOWDA AGED ABOUT 56 YEARS.
2. KUMARA S/O LATE D. KEMPEGOWDA AGED ABOUT 51 YEARS.
3. LOKESHA S/O LATE D. KEMPEGOWDA AGED ABOUT 49 YEARS.
4. NINGEGOWDA S/O LATE D. KEMPEGOWDA AGED ABOUT 47 YEARS.
ALL ARE R/O CHINAKURALI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT. … PETITIONERS (BY SRI K.L. SREENIVAS, ADV.) AND:
D.T. THIMMEGOWDA S/O DODDATHAMMEGOWDA AGED ABOUT 63 YEARS SECRETARY, VSSBM DARASAGUPPE VILLAGE K. SHETTAHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT. … RESPONDENT (BY SRI B. RAMESH, ADV.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED CIVIL JUDGE (JD) AND JMFC, PANDAVAPURA ON 30-11-2013 I C.C.NO.637/2009 AND THEREBY RESTORE THE CASE ON ITS ORIGINAL SIDE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After having argued the matter for sometime, learned Counsel for the petitioner seeks leave of the Court to withdraw the petition with liberty to approach the Appellate Court in terms of the law laid down by the Apex Court in the case of KASAN VS STATE OF MAHARASHTRA & ANOTHER – 2005(3) CRIMES 634 and in the case of VINAY KUMAR MALIWAL VS RAMESH SABOO – 2008(4) CRIMES 165 (BOM).
Reserving such liberty, petition is dismissed as withdrawn.
Sd/- JUDGE KK CT-HR