IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2015 BEFORE THE HON’BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO. 7165 OF 2015 BETWEEN :
1. M.N. SUBBA RAO RETIRED TAHSILDAR S/O LATE. NAGARAJ RAO AGED ABOUT 69 YEARS R/AT: NO. 178, ASHOK NAGAR 8TH CROSS, MANDYA – 571 401.
2. MECHANDA D. DEVAIAH RETIRED REVENUE INSPECTOR S/O LATE. CHENNAPPA AGED ABOUT 70 YEARS RESIDING AT VIRAJPET ROAD AMMATHY, VIRAJPET TALUK KODAGU – 571 211.
3. MOHAMMED BUDAN POLICE INSPECTOR S/O LATE IBRAHIM AGED ABOUT 59 YEARS R/AT: 5TH CROSS, PRASANTH NAGAR JAGEMATTI ROAD CHITRADURGA – 577 501.
4. NAGARAJ RETIRED ASSISTANT COMMISSIONER S/O MARAVA GOWDA AGED ABOUT 63 YEARS R/AT: GUDAMANDANAHALLI GANAPATHI SACHIDANANDA ASHRAM POST MYSORE TALUK – 570 025.
MYSORE DISTRICT. ... PETITIONERS (BY SRI. Y.R.SADASHIVAREDDY, SR. ADV. FOR SRI.T.DEEPAK, ADVs) AND:
1. THE STATE BY REP. BY S.P.P HIGH COURT OF KARNATAKA BANGALORE – 560 001.
2. C.M. CHINNAPPA S/O LATE MUTHAPPA AGED ABOUT 62 YEARS R/AT: BERTTAGERI VILLAGE AMMATHY HOBLI VIRAJPET TALUK – 571 201.
KODAGU DISTRICT. ... RESPONDENTS (BY SRI.B.VISWESHWARAIAH,HCGP FOR R1, NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED:11.12.2015) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., BY THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 81/2015 ON THE FILE OF ADDITIONAL CIVIL JUDGE(JR.DN) AND J.M.F.C. AT VIRAJPET.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R Learned HCGP is directed to take notice for the first respondent.
Notice to respondent No.2 is dispensed with.
After arguing the matter for some time, learned counsel for the petitioners submits that the petition may be dismissed as withdrawn, reserving liberty to him to put forward all these contentions before the trial court by moving necessary application for discharge under Section 245 of Cr.P.C.
The submission of the learned counsel is placed on record. The petition is dismissed as withdrawn. If an application is moved by the petitioners under Section 245 of Cr.P.C., same shall be considered in accordance with law within 40 days of moving the said application. Till disposal of the application, personal appearance of the petitioners shall be exempted, if necessary application is moved.
All the contentions are kept open.
In view of the disposal of the main petition, IA 1/2015 stands dismissed.
Sd/-
JUDGE ykl