BHAVAR LAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the submission of learned counsel for the petitioners, who is appearing through Video conference and the submission of learned High Court Government Pleader appearing for the respondent- State.

(2.) Both side submit that though this revision petition was filed challenging the judgment of confirmation of conviction of the present petitioners for the offences punishable under Ss. 27(b)(ii) , 28 and 22(3) of the Drugs and Cosmetics Act , 1940, however, filing of the revision petition was premature since after remanding of the matter by the lower Appellate Court, the trial Court was yet to pass an order on the sentence for the proven/confirmed guilt. Further submitting that it is for the said reason, the petitioners seek permission to withdraw the case as it is premature, learned counsel for the petitioners has filed a memo for withdrawal.

(3.) Perused the memo dtd. 30/9/2022 filed by the petitioners. According to the petitioners, the present revision petition is premature. However, they could able to manage to delay the further proceedings in the criminal case during the pendency of the present revision petition for not less than a period of nine years. Since the original criminal case is of the year 2006, the matter is sixteen years old. Thus, the petitioners for the reasons best known to them, have seen that the matter could not able to reach its finality and have now sought for withdrawal of the petition after sixteen years. Hence, it is not just to say the permission to withdraw the petition be granted simplicitor, but, with heavy cost. Accordingly, the memo under consideration is allowed in-part on a cost of Rs.10,000.00 payable by the present petitioners to the Legal Services Authority of Mysuru District and filing a compliance affidavit along with receipt before the trial Court within ten days from today. Subject to payment of cost and filing a compliance affidavit along with memo, the present Criminal Revision Petition stands disposed of as not pressed. It is made clear that the trial Court shall take appropriate steps to recover the cost imposed today if not paid within the time immediately after the tenth day from today and to report the same to this Court. Registry to transmit a copy of today's order along with trial Court and Sessions Judge's Court records forthwith to the concerned Court.