IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR CRL. P. NO.8251 OF 2017 BETWEEN :
1. SRI TUKARAM NAIK S/O MANSHING NAIK AGED ABOUT 33 YEARS.
2. SRI MANSHING NAIK S/O TAVARE NAIK AGED ABOUT 65 YEARS.
3. SRI TOKUMAR NAIK S/O MANSHING NAIK AGED ABOUT 32 YEARS.
4. SMT. SHANTHI BAI W/O MANSHING NAIK AGED ABOUT 72 YEARS.
5. SMT BABY BAI W/O TUKARAM NAIK AGED ABOUT 28 YEARS.
ALL ARE RESIDING AT PUNABAGHATTA THANDA HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131.
... PETITIONERS (BY SHRI VINAYA HEDGE FOR SHRI S. V. SHASTRI, ADVOCATE) AND :
1. THE STATE OF KARNATAKA POLICE INSPECTOR, HARAPANAHALLI CIRCLE ARASIKERE POLICE STATION, DAVANAGERE DISTRICT REPRESENTED BY S.P.P. HIGH COURT BUILDING, BANGALORE -01.
2. SRI PURYA NAIK S/O KALA NAIK AGED ABOUT 35 YEARS, RESIDING PUNABHA GHATTA THANDA HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131.
... RESPONDENTS (BY SHRI NASRULLA KHAN, H.C.G.P. FOR R1) THIS CRL.P. IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING TO QUASH THE FIR IN CRIMINAL CASE AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S 143, 147, 341, 323, 504 AND 506 R/W 149 OF IPC BY THE RESPONDENT NO.1 (I.E., ARASIKERE P.S., HARAPPANAHALLI CIRCLE) IN CR.NO.138/2015 (C.C.NO.768/2016 ON THE FILE OF CIVIL JUDGE AND J.M.F.C., HARAPANAHALLI) ON THE BASIS OF THE COMPLAINT LODGED BY THE 2ND RESPONDENT AND ALLOW THE PETITION.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for some time, learned advocate for the petitioner seeks leave to withdraw the petition with liberty to urge all contentions in an application seeking discharge. He has filed a memo of even date to the said effect.
2. Memo is placed on record. The petition is accordingly dismissed as withdrawn with liberty as prayed for.
3. In view of dismissal of the petition, I.A.No.1/2017 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE hnm