IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.40533/2018 (GM-RES) BETWEEN:
SHRI. BASANT KUMAR PATIL S/O SHRI. T.K. PATIL AGED ABOUT 70 YEARS MANAGING DIRECTOR OF BASANT RESORTS AND HOTELS PVT. LTD., NO.176, 6TH CROSS, GANDHINAGAR BANGALORE – 560 009.
(By SRI SHYAM SUNDAR M.S., ADV.) AND:
1. SHRI. H.D. GANGARAJU S/O LATE REVANNA AGED ABOUT 65 YEARS NO.65, 5TH MAIN ROAD GANDHINAGAR BANGALORE-560 009.
2. THE STATE OF KARNATAKA BY UPPARPET POLICE STATION BANGALORE CITY BANGALORE-560 053 REP. BY ITS S.P.P.
... PETITIONER HIGH COURT OF KARNATAKA BENGALURU-560001.
(BY SRI SHANKARAPPA, ADV. FOR R1 … RESPONDENTS SRI S CHANDRASHEKARAIAH, HCGP FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF Cr.P.C. 1973, PRAYING TO QUASH THE PRIVATE COMPLAINT NO.11346/2018 (VIDE ANNEXURE-A TO THE WRIT PETITION) AND THE IMPUGNED ORDER DATED 03.09.2018 PASSED THEREIN ON FILE OF THE V ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE (VIDE ANNEXURE-B TO THE WRIT PETITION) AND ALL FURTHER PROCEEDINGS ON THE BASIS OF THE SAME.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Shyam Sundar M.S., learned counsel for petitioner has filed a memo enclosing ‘B’ report filed by jurisdictional Police after investigation. In view of filing of FIR, the registration of FIR has been challenged in the present proceedings.
‘B’ report having been challenged, prayer sought in the present petition has become infructuous.
It is needless to state that in the event, first respondent-Complainant intends to challenge the ‘B’ report, he would be at liberty to challenge the same in the manner known to law.
Sd/- JUDGE mpk/-* ct:bms