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.6819 OF 2018 BETWEEN Karthik Sharma, Son of S.S. Sharma, Aged about 40 years, Residing at No.18,19th A Main, Muneshwara Block, Avalahalli, Bangalore-560 026. …Petitioner (By Sri.K.R.Krishnamurthy, M/s.Lawyers Inc. Advocate) AND 1. The State of Karnataka, Inspector of Police, Halsur Police Station, Bangalore City, Represented by State Public Prosecutor, High Court of Karnataka, High Court Building, Ambedkar Veedhi-560 001.
2. Ms. Swathi Gupta, Daughter of Late.R.K.Gupta, Aged about 31 years, Residing at A1007, Knightsbridge, Brookefield, Bengaluru City, Karnataka-560 037. …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.19/2018 dated:13.01.2018 registered under Sections 406 and 420 of IPC by respondent No.1 pending on the file of the 4th A.C.M.M., Bengaluru.
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/-