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Judgment
S Vishwajith Shetty, J
Accused No.2 in C.C.No.13982/2021 pending before the Court of 41st Additional Chief Metropolitan Magistrate, Bengaluru City arising out of Crime No.57/2021 registered by Koramangala Police Station, Bengaluru City for the offences punishable under Sections 426 and 420 read with Section 34 of IPC is before this Court under Section 438 of Cr.P.C.
Learned HCGP has raised preliminary objection with regard to the maintainability of the petition on the ground that the Trial Court has issued non-bailable warrant and proclamation order against the petitioner and therefore, petition under Section 438 of CR.P.C. is not maintainable in view of the judgment of the Hon’ble Apex Court in the case of STATE OF MADHYA PRADESH V. PRADEEP SHARMA reported in AIR 2014 SC 626.
Learned counsel for the petitioner after arguing the matter for some time submits that he may be permitted to withdraw the petition with liberty to approach Trial Court by filing appropriate application seeking recall of the non-bailable warrant and if necessary, also to file application seeking regular bail.
Submission is placed on record.
Accordingly, the petition is dismissed as withdrawn with liberty as prayed for. In the event, the petitioner approaches the Trial Court and makes necessary application before the Trial Court seeking appropriate orders, the same shall be considered as expeditiously as possible.