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Shridhar S/O Vishnu Mahajan vs State Of Karnataka on 5 April, 2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BEN CH

ON THE 05 T H DAY OF A PRIL 2018

BEFORE

THE HON’BLE MR. JUSTICE K .N . PHA NEENDRA

CRIMINAL PETITION NO.101892/ 2017 ( 482)

BETWEEN :

SHRIDHAR S/ O VI SHNU MAHAJAN ,
AGE : 49 YEARS, OCC: NIL,
R/O VIVEKANAND NAGAR,
4 T H CROSS, GOKA K.
DIST: BELA GAVI.
…PETITIONER

(BY SRI M.B.GUND AWADE, ADV OCAT E)

AND:

1. STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUT OR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, AT DHARWAD .
THROUGH GOKAK POLI CE.

2. MADHAVI W/O V ENKATESH MAHAJA N,
AGE : 47 YEARS, OCC: HOUSE HOLD WORK ,
R/O VIVEKANAND NAGAR, 4 T H CROSS ,
GOKAK, DIST : BELAGAVI.
…RESPONDENTS

(BY SRI PRAVEEN K.UPPAR, HCGP FOR R.1)
(BY SMT.MADHAVI V.MAHAJAN : PARTY IN PERSON)
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THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF T HE CODE OF CRIM INAL PROCEDURE,
1973 PRAYING TO QUAS H THE ENTI RE PROCEEDINGS
AGAINST THE PETITIONER IN C.C.NO.290/2016, ON
THE FILE OF PRIN CIPAL JMFC COURT, GOKAK, F OR THE
ALLEGED OFF ENCES U/SEC, 498A, 323, 504, 506 R/W
34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Heard the learned counsel for the petitioner

and the respondent and perused the records.

2. After hearing, the court found, no

sufficient grounds to interfere with the

proceedings before the Trial Court. The learned

counsel for the petitioner seeks permission to

withdraw the petition with liberty to file

appropriate application under Section 239 of the
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Criminal Procedure Code before the Trial Court for

his discharge.

3. The 2nd respondent Smt.Madhavi who

actually moved the court for appropriate orders is

personally present before this court and submitted

that, in the event the petitioner filing any

application for his discharge, a direction may be

issued to the trial court to give notice to her and

to file objections to the said application and after

hearing both the parties particularly the petitioner

herein and the 2 n d respondent who is a de-facto

complainant before the trial court and thereafter

the trial court has to pass an appropriate orders in

accordance with law. In view of the above said

submissions, the following order is passed.

ORDER

Criminal petition is dismissed with liberty to

the petitioner to approach the trial court if need
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arises for his discharge under Section 239 of the

Criminal Procedure Code, in that eventuality, the

trial court is hereby directed to give opportunity to

the 2 n d respondent herein (de-facto complainant

before the trial court Smt.Madhavi) to file her

objections to the said application and thereafter

hearing both the parties, the said application has

to be disposed of in accordance with law as

expeditiously as possible.

SD/-

JUDGE

E M/ –

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