IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2491 OF 2016 BETWEEN:
1. AKRAM S/O. DONGRI HUSSEIN SAB, AGED ABOUT 24 YEARS, R/O. 4TH CROSS, KTG NAGAR, DAVANGERE DISTRICT – 577 001.
2. ABDUL S/O. DONGRI HUSSEIN SAB, AGED ABOUT 32 YEARS, R/O. 4TH CROSS, KTG NAGAR, DAVANGERE DISTRICT – 577 001.
3. NAYAZ S/O. DONGRI HUSSEIN SAB, AGED ABOUT 28 YEARS, R/O. 4TH CROSS, KTG NAGAR, DAVANGERE DISTRICT – 577 001.
4. SMT. BEGUM D/O. DONGRI HUSSEIN SAB, AGED ABOUT 36 YEARS, R/O. 4TH CROSS, KTG NAGAR, DAVANGERE DISTRICT – 577 001.
…PETITIONERS (BY SRI PRANEETH G.N., ADVOCATE FOR SRI VIGHNESHWAR S.SHASTRI, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS K.T.G. NAGAR POLICE STATION, CENTRAL CIRCLE, DAVANGERE DISTRICT, REP. BY S.P.P, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
2. MOHAMMED RAFI S/O. HUSEN SAB, AGED ABOUT 30 YEARS, LABOURER, R/O. KORACHARA HATTI, NITTUVALLI ROAD, OPP. KTJ NAGAR POLICE STATION, DAVANGERE – 577 001.
... RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI M.R.RAJAGOPAL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.0026/2016 REGISTERED FOR THE OFFENCES P/U/S 506, 341, 323 R/W 34 OF IPC BEFORE KTJ NAGAR POLICE STATION, DAVANAGERE ON AGAINST THE PETITIONERS NOW PENDING ON THE FILE OF II J.M.F.C., COURT, DAVANAGERE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.26/2016 for the offences punishable under Sections 506, 341, 323 read with Section 34 of IPC.
2. When the matter is taken up for hearing, learned SPP-II submits that on completion of investigation, charge sheet is laid against the petitioners for the above offences and trial has already commenced and three material witnesses are examined by the prosecution.
3. In view of the above submission, learned counsel for the petitioner seeks leave to withdraw this petition reserving liberty to the petitioners to seek appropriate remedy before the trial Court in accordance with law.
Reserving liberty as prayed for, petition is dismissed as withdrawn. In view of the dismissal of the petition, I.A.No.1/2016 does not survive for consideration and the same is dismissed.
Sd/- JUDGE VMB