IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5900 OF 2015 BETWEEN:
1. SHRI GANGARAJU S/O MALLAPPA, AGED ABOUT 53 YEARS, 2. SHRI ANNJINAPPA @ NAYAKA S/O MOTA YELLAPPA, AGED ABOUT 52 YEARS, PETITIONERS 1 AND 2 ARE RESIDING AT THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK-561203.
3. SHRI NARAYANA MURTHY S/O CHIKKA CHOWDAPPA, AGED ABOUT 41 YEARS, RESIDING AT VIVEKANANDA NAGAR, DODDABALLAPURA TOWN-561203.
4. SHRI H SRINIVASA REDDY S/O HANUMANTHA REDDY, AGED ABOUT 51 YEARS, 5. SHRI RAJAGOPAL @ GOPI S/O RAMANANANJINAPPA, AGED ABOUT 43 YEARS, PETITIONERS NO. 4 & 5 ARE RESIDING AT BASHETTIHALLI, KASABA HOBLI, DODDABALLAPURA TALUK-561203. ... PETITIONERS (BY SRI: V S PRASAD, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU-560001.
2. SHRI T G SOMARUDRA SHARMA S/O LATE T G SHIVANNA, AGED ABOUT 61 YEARS, RESIDING AT SGS ENTERPRISES, TALUK OFFICE ROAD, DODDABALLAPURA TOWN 561203 ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI: MANJUNATH M.HEGDE, FOR T.SHESHAGIRI RAO, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE F.I.R. DATED 08.11.2012 REGISTERED IN CRIME No.148/2012 BY THE FIRST RESPONDENT-DODDABALLAPUR TOWN POLICE, PENDING BEFORE THE COURT OF THE PRL. CIVIL JUDGE AND J.M.F.C. AT DODDABALLAPUR IN SO FAR AS IT RELATES TO THE PETITIONERS.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners are accused Nos.11 to 15 in Cr.No.148/2012. The petitioners have sought to quash the FIR registered against them for the aforesaid crime. When the matter was taken up for hearing, learned SPP-II submitted that investigation is completed and charge sheet is laid against the petitioners in 2016 and the matter is presently pending in C.C.No.1577/2016.
In view of these facts, learned counsel for the petitioners’ seeks leave to withdraw the petition reserving liberty to the petitioners to seek for their discharge either by making separate applications or at the stage of hearing before charge.
Reserving liberty as prayed for, the petition is dismissed as withdrawn.
Sd/- JUDGE *mn/-