GANESH v. THE STATE OF KARNATAKA

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101741 OF 2025 BETWEEN: GANESH S/O. SHANKAR RATHOD, AGE: 35 YEARS, OCC: PVT. BUSINESS, R/O: DESHPANDE NAGAR, YELLAPUR NAKA, HALIYAL, DIST: UTTARA KANNADA, KARWAR – 581 329. (BY SRI. B.G.INDI AND SRI. M.S.GARAG, ADVOCATES) …PETITIONER AND:

THE STATE OF KARNATAKA, THROUGH HALIYAL POLICE STATION, DIST: UTTARA KANNADA, KARWAR – 581 329, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH – 580 011. ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad

SMT. TEJASHWINI W/O. ASHOK PALEKAR, AGE: 42 YEARS, OCC: NURSING SUPERINTENDENT, TALUK HOSPITAL, HALIYAL, R/O: SUBRAMANYAPURA BANGALORE, PRESENT ADDRESS GIRI LAYOUT, HALIYAL DHARWAD ROAD, HALIYAL TOWN, DIST: UTTARA KANNADA, KARWAR – 581 329. (BY SRI. RAMESH B. CHIGARI, AGA FOR R1) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS, 2023) SEEKING TO QUASH THE FIR AND COMPLAINT (ANNEXURE A AND B) REGISTERED IN HALIYAL P.S. CRIME NO. 25/2025 AGAINST THE PETITIONER/ACCUSED NO.2 IS CONCERNED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(r), 3(1)(s), SC/ST (POA) AMENDMENT ACT, 2015, UNDER SECTION 132 READ WITH SECTION 3(5) OF B.N.S AND UNDER - 2 - NC: 2025:KHC-D:6993 CRL.P No. 101741 of 2025 SECTIONS 3 AND 4 OF KARNATAKA PROHIBITION OF VIOLENCE AGAINST MEDICARE SERVICE PERSONNEL AND DAMAGE TO PROPERTY IN MEDICARE SERVICE INSTITUTIONS ACT ON THE FILE OF LEARNED PRL. DISTRICT AND SESSIONS COURT, UTTARA KANNADA DIST. KARWAR IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioner files a memo seeking withdrawal of the petition with liberty to file a fresh petition.

2. Memo reads thus;

In this the Advocate for the Petitioner submits as under: That, the Petitioner had filed the above criminal petition before this Hon’ble Court seeking quashing of the FIR and complaint registered in Haliyal P.S. Crime No. 25/2025 against the Petitioner/Accused 2 (as per FIR) is concerned for the offence punishable under section 3(1)(r), 3(1)(s), SC/ST (POA) Amendment Act, 2015, Under Section 132 R/w. Section 3(5) of B.N.S and Under Sections 3 and 4 of Karnataka Prohibition of Violence against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act on the file of learned Prl. District and Sessions Court, Uttara Kannada, Karwar. It is learnt that, After completion of investigation the Investigation Officer has submitted charge sheet before the learned Prl. District and Sessions Court, Karwar in the above crime and initiated proceedings in - 3 - NC: 2025:KHC-D:6993 CRL.P No. 101741 of 2025 Spl.C.(SC/ST) No.37/2025 by issuing summons to the Accused No.1 & 2. Hence, the above petition becomes infructuous. Wherefore, this Hon’Ble Court be pleased to permit the Petitioner to withdraw the above Petition with liberty to file fresh petition challenging the further criminal proceedings in Spl. C. (SC/ST) No.37/2025 pending before the learned Prl. District and Sessions Court, Karwar. Further the office may be directed to return the certified copies of the documents after furnishing photo copies of the same, in the ends of justice.

Registry is directed to return documents to learned counsel for the petitioner. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 1 Sl No.: 41