IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION NO.42824 OF 2019 (GM-RES) BETWEEN:
KISHORE S/O. SANJEEVA POOJARY AGED ABOUT 43 YEARS R/AT. VIJAYANAGARA ALAPE POST PADIL MANGALORE – 575 212.
... PETITIONER (BY SRI DHANANJAY KUMAR, ADV.,) AND:
STATE OF KARNATAKA BY MANGALORE SOUTH POLICE STATION D.K.DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001.
…RESPONDENT (BY SRI K.P.YASHODHA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN L.P.C.NO.27/2018 REGISTERED BY THE RESPONDENT POLICE IN CRIME NO.146/2007 AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 148, 341, 504, 323, 324, 307, 506 R/W 149 OF IPC PENDING ON THE FILE OF JMFC II COURT MANGALORE VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R On 11.10.2019, learned State counsel was directed to get instructions whether the instatn matter is covered by the decision of this Court rendered in Crl.P.No.6973/2017 dated 29.11.2017 and W.P.No.6194/2018 dated 12.02.2018 or not.
2. Today, the learned State counsel on instructions submitted that present case is identical to that of the aforesaid decisions.
3. Undisputedly, the petitioner was a absconder. Conseqeuntly, a split-up case procedure was registered wherein, the aforesaid issue has been taken into consideration and decided in favour of Ashok Shetty. Since both learned counsel for the parties are not disputing that the present petition is identical to that of Ashok Shetty’s case.
Accordingly, the petition stands allowed and proceedings pending in LPC No.27/2018 stands set aside in terms of the order passed in Crl.P.No.6973.2017 dated 29.11.2017 and W.P.No.6194/2018 dated 12.02.2018.
Sd/- JUDGE HJ