IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.422 OF 2013 BETWEEN:
SMT. J.DEEPA W/O MANJUNATH AGED ABOUT 26 YEARS PRESENTLY RESIDING AT NO.36, 3RD CROSS PARIMALA NAGAR, NANDHINI LAYOUT BANGALORE-560 096 …PETITIONER (BY SHRI. H. KANTHA RAJA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY PSI, NANDINI LAYOUT POLICE STATION-560 096 2. SMT. M. NIRMALA @ C.M. NAGAMMA W/O. P.L. LOKESHAPPA AGED ABOUT 40 YEARS NO.6, 1ST MAIN, 7TH CROSS SRIKANTESHWARA NAGARA BANGALORE-560 096 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R1; SHRI. D.L.JAGADEESH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PURSUANCE OF PCR NO.19615/11 ON THE FILE OF THE VII ADDL.C.M.M., BANGALORE BY ALLOWING THIS PETN.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Shri Nasrulla Khan, learned HCGP appearing for the State has filed a Memo stating that petitioner has challenged PCR No.19615/2011 filed by respondent No.2 before VII Additional Chief Metropolitan Magistrate, Bengaluru. However, in pursuance of the reference made by the learned Magistrate under Section 156(3) of Cr.P.C., police have investigated the matter and filed charge sheet on 12.03.2012 in the Court of VII ACMM, Bangalore, in C.C.No.11612/2012. Hence, he submits that in view of filing of charge sheet, this petition does not survive for consideration.
2. In view the memo and submission of learned HCGP, this petition is dismissed as having become infructuous with liberty to challenge the charge sheet, if the petitioner is so advised.
No costs.
Sd/- JUDGE Yn.