Facts
The petitioners filed two writ petitions under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking to quash private complaints, orders referring them for investigation under Section 156(3) Cr.P.C., and the resulting criminal proceedings.
Source reference: pp. 4–5, 8–9The complaints alleged offences under Sections 406 and 420 IPC and named the petitioners as accused.
Source reference: pp. 4–5, 8–9At the hearing, petitioners’ counsel filed a memo seeking permission to withdraw the petitions and pursue remedies available in law, including seeking discharge before the trial court.
Source reference: p. 9Issues
Whether the petitioners’ request to withdraw the petitions should be accepted.
Source reference: p. 9Whether the petitioners were granted liberty to pursue remedies available in law, including an application for discharge.
Source reference: p. 9Law Applied
The petitions invoked Articles 226 and 227 of the Constitution and Section 482 Cr.P.C. to seek quashing of the criminal proceedings; Sections 156(3) and 200 Cr.P.C. and Sections 406 and 420 IPC were also referred to in the pleadings.
Source reference: pp. 4–5, 8–9However, the Court did not determine any substantive question concerning these provisions or state a legal rule governing quashing or discharge.
Source reference: p. 9Reasoning
The Court placed the petitioners’ withdrawal memo on record and dismissed both petitions as withdrawn.
Source reference: p. 9It did not examine the allegations, the legality of the referral orders or the merits of the requested quashing relief.
Source reference: p. 9Although the memo sought liberty to pursue remedies, the order does not expressly state that such liberty was granted.
Source reference: p. 9Holding
The Court accepted the withdrawal and dismissed both writ petitions as withdrawn.
No decision was made on the merits of the challenge, and the order does not expressly grant the requested liberty to pursue other remedies, including discharge.
Source reference: p. 9Acts & Sections Cited
5 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19733
Indian Penal Code, 18602
Original Court PDF
MR. RAJANAYAKA H DvsSTATE BY UDUPI TOWN PS
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