IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.39502/2018 C/W WRIT PETITION NO.40629/2018 (GM-RES) IN W.P.NO.39502/2018 BETWEEN:
DR.EKTA SINGH D/O D.V.SINGH AGED ABOUT 33 YEARS COLUMBIA ASIA HOSPITAL THE ICON, 2ND AND 3RD FLOOR NO.8, 80 FT ROAD HAL 3RD STAGE, INDIRANAGAR BANGALORE-560 075. ... PETITIONER (BY SRI.M.A.APPAIAH, ADV.) AND:
1. THE COMMISSIONER OF POLICE INFANTRY ROAD BANGALORE-560 001.
2. THE STATE OF KARNATAKA BY J.P.NAGAR POLICE REP. BY S.P.P.
HIGH COURT OF KARNATAKA BANGALORE-560 001.
3. MR.RAJEEV GIRI S/O JAYDEV GIRI AGED ABOUT 42 YEARS R/A FLAT NO.D 006 CASA ANSAL APARTMENT B G ROAD, NEAR GOPALAN MALL J P NAGAR, 3RD PHASE BANGALORE-560 078. … RESPONDENTS (BY SRI.S.RACHAIAH, HCGP FOR R-1 & 2; SRI.N.GOWTHAM RAGHUNATH, ADV. FOR R-3) IN W.P.NO.40629/2018 BETWEEN:
MR.SHIVANAND S/O NARASIMHA MURTHY AGED ABOUT 34 YEARS COLUMBIA ASIA HOSPITAL THE ICON, 2ND AND 3RD FLOOR NO.8, 80 FT ROAD HAL 3RD STAGE, INDIRANAGAR BANGALORE-560 075. ... PETITIONER (BY SRI.AKSHAY RAJ B.R., ADV. FOR SRI.SUNIL KUMAR.H., ADV.) AND:
1. THE STATE OF KARNATAKA BY J.P.NAGAR POLICE REP. BY S.P.P.
HIGH COURT OF KARNATAKA BANGALORE-560 001.
2. MR.RAJEEV GIRI S/O JAYDEV GIRI AGED ABOUT 42 YEARS R/A FLAT NO.D 006 CASA ANSAL APARTMENT B G ROAD, NEAR GOPALAN MALL J P NAGAR, 3RD PHASE BANGALORE-560 078. … RESPONDENTS (BY SRI.S.RACHAIAH, HCGP FOR R-1; SRI.N.GOWTHAM RAGHUNATH, ADV. FOR R-2) WRIT PETITION NO.39502/2018 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.165/2018 PENDING BEFORE THE 44TH ACMM COURT, BANGALORE, AGAINST THE PETITONER UNDER SECTIONS 420, 497, 109, 506, 504, 418, 34 OF IPC AND SECTIONS 75 AND 87 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015 FILED BY THE FIRST RESPONDENT POLICE VIDE ANNEXURE-A AND B, ETC.
WRIT PETITION NO.40629/2018 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.165/2018 PENDING BEFORE THE 44TH ACMM COURT, BANGALORE, AGAINST THE PETITONER FILED BY THE FIRST RESPONDENT POLICE VIDE ANNEXURE-A AND B, ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.N.Gowtham Raghunath, learned Advocate for respondent No.3 in W.P.No.39502/2018 submits that petitioner has challenged the FIR in Crime No.165/2018 in this petition. The Police after investigation have filed the charge sheet on 15.09.2018. He has placed a copy of the charge sheet for perusal of this court. Same is taken on record.
2. In W.P.No.40629/2018 also, FIR No.165/2018 is challenged.
3. Learned Advocates for the petitioners in both cases have filed memos of even date seeking leave of this Court to withdraw these writ petitions with liberty to challenge the FIR.
4. Memos are placed on record. The Writ Petitions are accordingly dismissed as withdrawn.
5. In view of dismissal of the petitions, I.A.No.1/2019 filed in both petitions do not survive for consideration and the same stand disposed of.
No costs.
Sd/- JUDGE KNM/-