IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.6432 OF 2018 BETWEEN:
1. MAHESH NAIK, S/O LATE SAMYA NAIK, AGED 42 YEARS, FARMER, R/O BANDRI THANDA, HARAPANAHALLI TALUK, DAVANAGERE – 583 131.
2. SMT. JANAKI BAI, W/O LATE SOMLANAIK, AGED ABOUT 45 YEARS, HOUSE WIFE, R/O BANDRI THANDA, HARAPANAHALLI TALUK, DAVANAGERE – 583 131.
3. SHETTI NAIK, S/O LATE SAMYA NAIK, AGED 48 YEARS, FARMER, R/O BANDRI THANDA, HARAPANAHALLI TALUK, DAVANAGERE – 583 131.
4. SMT. MALLI BAI, W/O LATE CHANDRANAIK, AGED ABOUT 36 YEARS, HOUSEWIFE, R/O BANDRI THANDA, HARAPANAHALLI TALUK, DAVANAGERE – 583 131.
5. VAALYA NAIK, S/O LATE SAMYA NAIK, AGED 46 YEARS, FARMER, R/O BANDRI THANDA, HARAPANAHALLI TALUK, DAVANAGERE – 583 131.
6. SMT. PADMAVATHI, W/O LATE CHANDRANAIK, AGED ABOUT 36 YEARS, HOUSEWIFE, R/O BANDRI THANDA, HARAPANAHALLI TALUK, DAVANAGERE – 583 131. …PETITIONERS (BY SHRI.JAGADISHA S.G., ADVOCATE) AND:
1. STATE BY HARAPANAHALLI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
2. SURYANAIKA, S/O LATE DEVLANAIK, AGED 36 YEARS, AGRICULTURIST, R/O BANDRI THANDA, HARAPANAHALLI TALUK, DAVANAGERE – 583 131.
… RESPONDENTS (BY SMT. K.P.YASHODHA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT No.1;
SHRI. VIGNESHWAR S. SHASTRI, ADVOCATE, FOR RESPONDENT No.2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PCR No.2/2017, (CRIME No.20/2017 IN HARAPANAHALLI POLICE STATION) PENDING BEFORE THE LEARNED CIVIL JUDGE AND JMFC., HARAPANAHALLI, AND ORDER REFERRING THE MATTER FOR ENQUIRY UNDER SECTION 156(3) OF THE CR.P.C., DATED 17.01.2017, WHICH ARE MARKED AS ANNEXURES – A TO D BY HOLDING THAT THE SAME AS ILLEGAL AND UNSUSTAINABLE IN THE EYE OF LAW.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned High Court Government Pleader for the first respondent - State submits that after investigation into F.I.R No.20/2017 registered in Harapanahalli Police Station, Davanagere District, and challenged in this petition, charge sheet has been filed.
2. Shri Jagadisha S.G., learned advocate for the petitioners, seeks leave of this Court to withdraw this petition with liberty to file fresh petition challenging the charge sheet arising out of Crime No.20/2017 (PCR No.2/2017) pending before the Court of Civil Judge and Judicial Magistrate First Class, Harapanahalli.
3. Learned advocate for the petitioners also filed a Memo of even date to that effect and the same is placed on record.
4. The petition is accordingly dismissed as withdrawn with liberty as prayed for.
In view of disposal of petition, I.A.No.1/2018 does not survive for consideration and the same is disposed of.
No costs.
Sd/- JUDGE sma