IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.6821 OF 2018 BETWEEN Hemanth Sharma, Son of Late. Gangalahari Sharma, Aged about 38 years, Residing at # 73/74, Chandan Residency, Near Shantiniketan School, Maruthi Nagar, Badrappa Layout, Bangalore-560 094. …Petitioner (By Sri.K.R.Krishnamurthy, M/s.Lawyers Inc., Advocate) AND 1. The State of Karnataka, Inspector of Police, Halasur Police Station, Bangalore City, Represented by, State Public Prosecutor, High Court of Karnataka High Court Building, Ambedkar Veedhi-560 001.
2. Mr. Daniel Nithin, Son of Shashirajan Dass, Aged about 41 years, Residing at # 10,9th Cross, 16th Main, 1st Stage BTM Layout, Bengaluru City, Karnataka-560 029. …Respondents (By Smt. K.P.Yashoda, HCGP. for R1.) This Criminal Petition is filed under Section 482 of CR.P.C praying to quash the FIR in CR.No.91/2017 dated: 16.03.2017 registered under Sections 406 and 420 read with 34 of IPC and Section 66-D of information Technology Act, 2000 by respondent No.1 pending on the file of I Addl. C.M.M., Bengaluru and all proceedings pursuant to the same against the petitioner herein.
This petition, coming on for admission, this day, the Court made the following:
O R D E R Learned State Counsel, on instructions from the Dy.S.P., CID submitted that petitioner’s name is reflected as accused in the impugned FIR. The impugned FIR is referred to CID whereby, after investigation, petitioner has been treated as witness instead of accused. Consequently, the present petition does not survive for consideration.
2. The above submission of the learned State Counsel is taken on record.
3. Accordingly, the petition stands disposed of reserving liberty to the petitioner, in the event of further filing of FIR, if any, disclosing the petitioner’s name, to question the validity of the same.
Sd/- JUDGE Cm/-