IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5856 OF 2014 BETWEEN:
ASHIS BANERJEE S/O.LATE A.L.BANERJEE, AGED ABOUT 52 YEARS, WORKING AT, ADARSHA PACKAGING PVT.LTD., HAROHALLI VILLAGE, RAMANAGAR-562112. ... PETITIONER (BY SRI: P N HARISH, ADVOCATE) AND 1. STATE BY PARAPPANA AGRAHARA POLICE STATION BY ITS SUB INSPECTOR, BANGALORE.
REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560100.
2. KESHAVA M S/O.MUNISWAMAPPA, AGED ABOUT 38 YEARS, R/O.NO.92, NEAR KAVERAMMA TEMPLE, CHIKKABEGURU.
BANGALORE-560100. ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1; R2-SD AND UNREPRESENED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR BEARING NO.7/13 DATED:8.1.13 FILED BY THE PARAPPANA AGRAHARA P.S., PENDING ON THE FILE OF THE IX ADDL.C.M.M., BANGALORE IN CR.NO.7/13, AND ALL ITS CONSEQUENTIAL INVESTIGATIONS BY ALLOWING THIS PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.7/2013 registered for the offence punishable under Section 338 r/w Section 34 of Indian Penal Code.
2. In respect of the very same offence accused Nos.2 and 2 have filed Criminal petition No.467/2013 and by order dated 4.4.2019 the said petition has been allowed and the proceedings arising out of FIR in Crime No.7/2013 and all proceedings arising therefrom are quashed as against accused Nos.2 and 3. Since the petitioner herein is also implicated in the alleged offence on the same facts and circumstances, in view of the said decision, this petition is also allowed. FIR registered against petitioner Sri.Ashis Banerjee- accused No.1 is hereby quashed.
bkp Sd/- JUDGE