Karnataka High Court
Sri Ramesh Pai Sringeri vs Sri H P Kumar on 4 August, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:27372
CRL.P No. 9024 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 9024 OF 2022
BETWEEN:
SRI. RAMESH PAI SRINGERI,
S/O LATE VARADARAYA PAI,
AGED ABOUT 75 YEARS,
MENTALLY INFIRM,
REPRESENTED BY
HIS WIFE AND NEXT FRIEND
SMT. SHANTI R. PAI,
@ MANIPAL SHANTHA PAI,
AGED ABOUT 73 YEARS,
W/O RAMESH PAI S.,
RESIDING AT D-NO. 4-3-11,
'DEV-AASHISH', LAXMINDRA NAGAR,
SHIVALLI VILLAGE, KUNJIBETTU POST,
UDUPI TALUK AND DISTRICT - 576 102.
REPRESENTED BY GPA HOLDER,
Digitally signed by BALAKRISHNA SHENOY,
LAKSHMINARAYANA S/O VASUDEV SHENOY,
MURTHY RAJASHRI
Location: HIGH AGED ABOUT 54 YEARS.
COURT OF
KARNATAKA
...PETITIONER
(BY SRI. AJITH ANAND SHETTY, ADVOCATE)
AND:
SRI. H.P. KUMAR,
S/O H.D. PUTTAYA,
AGED ABOUT 47 YEARS,
RESIDING AT NO.108, SRINIVAS,
16TH CROSS, M.T.S. LAYOUT,
KENGERI,
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NC: 2023:KHC:27372
CRL.P No. 9024 of 2022
UPANAGARA,
BANGALORE - 560 060.
...RESPONDENT
(BY SRI. K.S.NARESH SANTHOSH, ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 407 OF CR.P.C
PRAYING TO TRANSFER THE ENTIRE CASE IN C.C.NO.248/2021,
INCLUDING ALL CASE PAPERS, CURRENTLY PENDING ON THE
FILE OF HONOURABLE XXIII ADDL.C.M.M., BENGALURU TO A
COMPETENT/JURISDICTIONAL HONOURABLE COURT AT UDUPI
AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition with liberty to file fresh application under Section 329 and 330 of Cr.P.C, before the Trial Court.
The memo reads as under:
"The petitioner seeks leave of this Hon'ble Court to withdraw the present petition while seeking leave of this Hon'ble Court to reserve liberty for the petitioner to file a fresh application under Sections 329 and 330 of the Criminal Procedure Code before the learned Magistrate in the interest of justice."-3-
NC: 2023:KHC:27372 CRL.P No. 9024 of 2022 In view of the said memo and supporting submission, the petition is dismissed as withdrawn with liberty to file fresh application under Section 329 and 330 of Cr.P.C.
Sd/-
JUDGE SMC List No.: 1 Sl No.: 18 CT: ABS