IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.7741 OF 2012 BETWEEN:
1. SMT. K. BHARATHI BAI W/O B. KRUPA SHANKAR AGED ABOUT 57 YEARS RESIDING AT NO.75, R.T.STREET BANGALORE-53 2. SRI. S. K. MIRAS KAR S/O LATE B. KRUPA SHANKAR AGED ABOUT 39 YEARS RESIDING AT NO.89, 12TH CROSS 2ND FLOOR, R.T.STREET BANGALORE-53 … PETITIONERS (BY SHRI. C. VENKATESHA, ADVOCATE FOR SHRI. C. SHANKAR REDDY, ADVOCATE FOR P.2;
V/O/DTD.02.12.2015, PETITION ABATES AGAINST PETITIONER NO.1) AND:
1. THE STATE OF KARNATAKA BY CHICKPET POLICE STATION BENGALURU-560 053 BY PUBLIC PROSECUTOR 2. SMT. K. KOMALA DEVI W/O JITENDAR GUPTA D/O LATE B. KRUPA SHANKAR AGED ABOUT 36 YEARS RA/T NO.75, 12TH CROSS, 2ND FLOOR R.T.STREET, BANGALORE-53 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R.1; SMT. PUSHPALATHA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT LODGED BY THE SECOND RESPONDENT IN C.C.NO.16729/12 ON THE FILE OF THE C.M.M., BANGALORE, AS THE SAME IS NOT SUSTAINABLE IN LAW.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned advocates on both sides submit that on 15.03.2019, C.C.No.16729/2012 on the file of Chief Metropolitan Magistrate, Bengaluru, has been dismissed for default.
2. In the circumstances, this petition is rendered infructuous and accordingly it is dismissed by reserving liberty to petitioners to file a fresh petition, if so advised, if the criminal proceedings are revived before the learned Trial Judge.
No costs.
Sd/- JUDGE AV