IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4804/2014 BETWEEN:
1. CHANDRAMATHI W/O. RAMACHANDRA AGED ABOUT 61 YEARS, MEMBER OF THE BANGALORE DISTRICT ECONOMICALLY WEAKER AND BACKWARD PEOPLES ASSOCIATION (REGD) NO.3049/15, VASAVI COMPLEX, 1ST FLOOR, 2ND STAGE, MKK ROAD OPP: HARISHCHANDRA GHAT, GAYATHRI NAGAR, BANGALORE-560 021.
2. RAMACHAR S/O. GURUMURTHY ACHAR AGED ABOUT 64 YEARS, CHAIRPERSON OF THE BANGALORE DISTRICT ECONOMICALLY WEAKER AND BACKWARD PEOPLES ASSOCIATION (REGD) NO.3049/15, VASAVI COMPLEX, 1ST FLOOR, 2ND STAGE, MKK ROAD OPP: HARISHCHANDRA GHAT GAYATHRI NAGAR BANGALORE-560 021. ... PETITIONERS (BY SRI H. PAVANA CHANDRA SHETTY, ADV.) AND:
1. NAGESH BHAT S/O. LATE SRI LAKSHMI NARAYANA BHAT, AGED ABOUT 60 YEARS, R/AT NO.1072, 11TH CROSS, CHANDRA LAYOUT, BANGALORE-560 040.
2. THE STATE OF KARNATAKA REPRESENTED BY CHANDRA LAYOUT POLICE STATION BANGALORE-560 040. ... RESPONDENTS (BY SRI NASRULLA KHAN, H.C.G.P. FOR R2; R1 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C PRAYING TO: A) QUASH THE ENTIRE PROCEEDINGS REGISTERED UNDER PRIVATE COMPLAINT NO.16228/2013 PENDING ON THE FILE OF VIII A.C.M.M., BANGALORE CITY AT BANGALORE PRODUCED AS DOCUMENT NO.1.
B) CONSEQUENTLY QUASH THE FIR IN CRIME NO.479/2013 REGISTERED BY THE 2ND RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 384, 420 OF IPC PRODUCED HEREWITH AS DOCUMENT NO.2.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 482 of Code of Criminal Procedure seeking to quash the entire proceedings in Private Complaint No.16228/2013 on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru and consequently quash the F.I.R. in Crime No.479/2013 registered by the respondent No.2-police station.
2. When the matter was taken up for hearing, learned High Court Government Pleader appearing for respondent No.2-State submits that, after completion of the investigation, the Investigating Officer has submitted a ‘B’ report to the jurisdictional Court.
3. In view of the said submission, the learned counsel for the petitioners seeks to withdraw the petition reserving liberty to the petitioners to challenge any further action taken by the prosecution in Crime No.479/2013.
Reserving the liberty as prayed for, the petition is dismissed.
Sd/- JUDGE ST