1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5770 OF 2017 Between:
Sri.Mahendra Kumar Jain, Aged about 45 years, S/o. Late Pukraj Jain,R/at No.359, 100 Bed Hospital Road, 3rd Cross, M.J.Nagar, Hospet,Bellary-583 201. …Petitioner (By Sri. Ravi.L.Vaidya, Adv.,) And:
The State of Karnataka through The Central Bureau of Investigation, Anti-Corruption Branch, Ganganagar,Bengaluru-32. ... Respondent This Criminal Petition is filed under Section 482 of Cr.P.C., praying to (i) Set aside the order dated 17.04.2017 passed in the said Spl.C.C.No.6/2014 refusing to discharge the petitioners u/S 239 read with 227 of Cr.P.C by holding that the prosecution has placed sufficient prima-facie material to frame the charges against the petitioner for the commission of offences p/u/s 120B r/w 409,420, 434, 447,468, 471 of IPC and also provisions of Section 13(2) r/w 13(1)(c)(d) of the P.C.Act etc.
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This Petition coming on for admission, this day, the Court made the following:
ORDER Learned counsel for petitioner has filed a memo to dismiss the petition as withdrawn by keeping open all the contentions.
2. Memo is placed on record. Petition is dismissed as withdrawn. However, no opportunity is granted to challenge the order dated 17/04/2017 passed in C.C.No.6/2014 whereunder the Trial Court has refused to discharge the petitioner/accused.
All contentions raised in this petition can be urged by the petitioner/accused before the Trial Court.
I.A.1/17 does not survive for consideration and stands rejected.
Sd/- JUDGE Msu