Case Note & Summary
The petitioner, Syed Azharuddin, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Crime No.86/2020 registered at Jagajeevanram Nagar Police Station, Bengaluru, for offences punishable under Sections 143, 145, 149, 152, 270, 280, and 353 of the Indian Penal Code, 1860 (IPC). The matter came up for hearing before the High Court of Karnataka at Bengaluru on July 7, 2020, through video conference due to the pandemic. The petitioner's counsel, Sri Anees Ali Khan, appeared and submitted that the petitioner had engaged another counsel and therefore sought dismissal of the petition as withdrawn. A memo to that effect was sent via email and taken on record. The court noted that cases were being accommodated despite the pandemic and that the petitioner could not waste court proceedings. However, considering the memo and submission, the court dismissed the petition as withdrawn. The office was directed to tag the present petition in case a further application is made in this connection.
Headnote
A) Criminal Procedure - Anticipatory Bail - Withdrawal of Petition - Section 438 Cr.P.C. - Petitioner sought anticipatory bail in Crime No.86/2020 for offences under Sections 143, 145, 149, 152, 270, 280, 353 IPC - Petitioner's counsel submitted that the petitioner had engaged other counsel and sought dismissal as withdrawn - Court allowed withdrawal but cautioned against wasting court proceedings - Held that petition dismissed as withdrawn (Paras 1-3).
Issue of Consideration
Whether the anticipatory bail petition should be dismissed as withdrawn when the petitioner engages another counsel and seeks withdrawal.
Final Decision
The petition is dismissed as withdrawn. Office directed to tag the present petition in case further application is made in this connection.
Law Points
- Anticipatory bail
- Withdrawal of petition
- Change of counsel
- Court proceedings not to be wasted
Case Details
2020 LawText (KAR) (07) 239
Criminal Petition No.3036/2020
Sri. Anees Ali Khan (for petitioner), Sri. K. Nageshawarappa (HCGP for respondent)
State by J J Nagara P.S., Bengaluru
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal petition for anticipatory bail under Section 438 Cr.P.C.
Remedy Sought
Petitioner sought enlargement on bail in the event of his arrest in Crime No.86/2020.
Filing Reason
Petitioner apprehended arrest in connection with offences under Sections 143, 145, 149, 152, 270, 280, 353 IPC.
Issues
Whether the anticipatory bail petition should be dismissed as withdrawn when the petitioner engages another counsel and seeks withdrawal.
Submissions/Arguments
Petitioner's counsel submitted that the petitioner has engaged other counsel and sought dismissal as withdrawn.
Ratio Decidendi
A petitioner cannot waste court proceedings by seeking withdrawal after engaging another counsel; however, considering the memo and submission, the petition was dismissed as withdrawn.
Judgment Excerpts
Learned counsel Sri Anees Ali Khan for the petitioner is present through Video Conference and submits that the petitioner has engaged other counsel therefore, the present petition may be dismissed as withdrawn.
The cases are accommodated despite prevailing pandemic situation and the petitioner cannot chose to waste the Court proceedings.
However, by considering the memo and the submission made by the learned counsel for the petitioner, this petition is dismissed as withdrawn.
Procedural History
The petitioner filed Criminal Petition No.3036/2020 under Section 438 Cr.P.C. seeking anticipatory bail. On the hearing date, the petitioner's counsel sought dismissal as withdrawn due to engagement of other counsel. The court dismissed the petition as withdrawn.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 438
- Indian Penal Code, 1860 (IPC): 143, 145, 149, 152, 270, 280, 353
