IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8680/2015 BETWEEN:
Mr. Bisun Deo Sah @ Bishnu Deo Sah, S/o. Banke lalsah, 60 years, Permanent Native resident House No.-L/S-7 near St. Kuldeep School Harmu Harmu Housing Colony, Marnu Ranchi, Jharkhand – 834 002. …Petitioner (By Sri. R. Ravi, Advocate-Absent) AND:
1. State by Subramanyanagar Police Station, Subramanyanagar, Bengaluru City – 10.
2. Dr. Shashikumar Gupta, S/o. Late S.P. Gupta, Aged 52 years, Residing at Satya Market, Diwan Road, Muzaffarpur – 842 001.
Bihar State. …Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1;
Sri. H.R. Sanjeeva Gowda, Advocate for R2-Absent) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the Complaint/FIR dated 29.09.2015 pending before the Hon’ble VII Additional C.M.M, who referred the said complaint to Subramanyanagar P.S., Bengaluru City, who registered the said private complaint in Cr.No.234/2015 for the alleged offences P/U/S 420, 506 read with 34 of IPC, wherein the petitioner herein is made as accused No.3.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Counsel for petitioner is absent. Even on previous dates of hearing none appeared for the petitioner. Perused the records.
2. This petition is filed under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.234/2015 dated 29.09.2015 for the offences punishable under Sections 420, 506 r/w 34 of IPC, presently pending on the file of the XVII Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.6878/2016.
3. When the matter is taken up for hearing, the learned Addl. SPP appearing for respondent No.1 submitted that after investigation, charge sheet dated 15.03.2016 is laid before the jurisdictional Court.
Hence, reserving liberty to the petitioner either to challenge the said charge sheet or to seek his discharge before the trial Court on such grounds available under law, petition is dismissed.
Sd/- JUDGE SV