IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6735/2013 BETWEEN:
Joseph Tharakan, S/o. George Tharakan, 48 years, No.45/10, Ottana Zupancica, Serbia. ... Petitioner (By Sri. Joseph Tharakan – petitioner - absent) AND:
The State of Karnataka, By the Station House Officer, Hulimavu Police Station, Bengaluru – 560 075. ... Respondent (By Sri. Vijayakumar Majage, Addl. SPP) This Criminal Petition is filed u/s.482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.13613/2009 and the order dated 26.12.2012 on the file of the IV A.C.M.M., Bengaluru.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Learned counsel for the petitioner-Sri.S.G.Bhagavan has filed Memo for permission to retire. The memo reads as under:
“The petitioner is residing in Serbia. The instructions for filing and prosecuting the above petition was given to the undersigned by Sri.P.L.P.Mohan Raj, the uncle of the petitioner. He has sworn to the affidavit in support of the application for stay in the petition. Since the date of filing of the above petition neither the petitioner nor his uncle has contacted the undersigned.
By the communication dated 02.04.2019 addressed to the said Sri.P.L.P.Mohan Raj the undersigned requested Sri.P.L.P.Mohan Raj to contact him with the entire case papers and professional charges with a caution that if he did not revert back, the undersigned would be constrained to retire from the case for want of instructions. That communication sent by registered post/acknowledgement due was duly served and the postal acknowledgment received back on 13.04.2019.
The copies of the letter and postal acknowledgment are produced herewith.
Wherefore, the undersigned – Advocates pray that this Hon’ble Court may be pleased to permit them to retire from the case to meet the ends of justice.”
As could be seen from the said memo, petition itself was filed under the instructions of Sri. P.L.P. Mohan Raj and not under the instructions of the petitioner. As such, petition itself is not maintainable and hence, the memo to retire, is accepted. Counsel for the petitioner is permitted to retire.
Petition is dismissed.
Sd/- JUDGE SV