IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4096 OF 2014 BETWEEN:
MANJESHWAR SERVICE CO-OPERATIVE BANK LTD., KUNJATHUR BRANCH KUNJATHUR, MANGALORE REP BY ITS SECRETARY ... PETITIONER (BY SHRI. M. ARUNA SHYAM, ADVOCATE) AND:
1. THE STATE OF KARNATAKA THROUGH ULLAL POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE-560 001 2. MRS. SWATHI K. MAROLI W/O SHARATH MAROLI AGED 32 YEARS R/AT SRI. POORNIMA NETTILA GARDEN, POST KOTEKAR MANGALORE-575 022 3. SHARATH MAROLI S/O SADASHIVA MAROLI AGED ABOUT 42 YEARS R/AT D NO.1-292, ANUGRAHA K.C. ROAD, TALAPADY MANGALORE-575 025 ... RESPONDENTS (BY SMT. B.G. NAMITHA MAHESH, HCGP FOR R1; R2 & R3-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 25.06.2014 ON I.A. IN PCR NO.16/2014 (CR. NO.30/2014) ON THE FILE OF J.M.F.C.(III COURT), MANGALORE, D.K. THEREBY ISSUING SEARCH WARRANT AND ALL FURTHER PROCEEDINGS PURSUANT THERETO. CONSEQUENTLY, DIRECT THE COURT BELOW TO HAND OVER THE SAID GOLD ORNAMENTS IN FAVOUR OF THE PETITIONER-BANK.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Shri M. Aruna Shyam, learned advocate for the petitioner has filed a memo of even date seeking leave of this Court to withdraw the petition with liberty to approach the learned Magistrate to seek release of property pledged and to take such action open to him, in accordance with law.
2. Memo is placed on record. The petition is accordingly dismissed as withdrawn with liberty as prayed for.
No costs.
Sd/- JUDGE AV