IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8307/2015 Between:
1. Mr.Kochu Shetty, Aged about 72 years, S/o late Dasu Shetty, 2. Mr.Dasprakash Shetty, Aged about 31 years, S/o Kochu Shetty, Both are residing at Gundila House, Yelinje Village and Post, Mangalore taluk and D.K. – 576 207. …Petitioners (By Sri Sampat Anand Shetty, Advocate) And:
1. Special Executive Magistrate And Deputy Police Commissioner, Law and Order, Mangalore City – 576 207.
2. P.S.I., Bajpe P.S., Bajpe, Mangalore Taluk, D.K. – 576 207. ...Respondents (By Sri.Vijaya Kumar Majage, Addl. S.P.P.,) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the order of the learned Prl. S.J., D.K., Mangalore in Crl.R.P.No.191/2015 dated 30.10.2015, which confirmed the order of the learned Executive Magistrate in proceedings No.SEM/93/M.C./2015 dated 15.09.2015 which in turn was passed illegally, arbitrarily and unjustifiably against the petitioners.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for petitioners and learned Addl.
SPP for respondents. Perused the records.
Petitioners are aggrieved by the order passed by learned Executive Magistrate, Dakshina Kannada in proceedings No.SEM/93/M.C./2015 dated 15.09.2015. The said order has been confirmed by learned Principal Sessions Judge, Dakshina Kannada, Mangaluru in exercise of revisional jurisdiction under section 399 of Cr.P.C.
2. Though the legal contentions urged by learned counsel for petitioners merit acceptance, however the impugned order having spent itself, no further order is necessary in the matter. Petitioners had the benefit of interim stay during the pendency of this petition. Hence, no further order is necessary. Accordingly, petition is disposed of.
Sd/- JUDGE Bss