IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.5340 OF 2017 BETWEEN:
MR. MALLIKARJUNA S/O LATE SHIVARAJ AGED ABOUT 38 YEARS AT PRESENT RESIDING AT D-304 ITINA ALAKA APARTMENT, 3RD FLOOR ITPL, HOODI, BANGALORE-560 048 M/S WHYFLEX NO.2, THIRD FLOOR, N.G. COMPLEX 13TH MAIN, 9TH BLOCK BANNEGHATTA ROAD OPP. SAGAR APOLLO HOSPITAL BANGALORE-560 041 ... PETITIONER (BY SHRI. B.K. SAMPATH KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE CHANNAMMANAKERE ACHU KATTU POLICE STATION REPRESENTED BY THE SPP HIGH COURT BUILDING AMBEDKAR VEEDI BANGALORE-560 001 2. MRS. GNANESHWARI W/O NAGABHUSHAN REDDY AGED ABOUT 33 YEARS RESIDING AT NO.99/1B BINDU NILAYA, RAMA RAO LAYOUT BSK 3RD STAGE, KATTRIGUPPE MAIN ROAD BANGALORE-560 085 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE COMPLAINT BEARING PCR NO.9902/2016 DATED 16.09.2016 FILED BY THE 2ND RESPONDENT BEFORE THE IV A.C.M.M., BENGALURU CITY AT ANNNEXURE-B AND THE FIR REGISTERED ON 29.9.2016 BY THE 1ST RESPONDENT IN CRIME NO.244/2016 AT ANNEXURE-A VIDE ANNEXURE-B AND A IN SO FAR AS THE PETITIONER IS CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Shri B.K. Sampath Kumar, learned advocate for the petitioner has filed a memo of even date seeking leave of this Court to withdraw the petition with liberty to challenge the charge sheet.
2. Memo is placed on record. The petition is accordingly dismissed as withdrawn with liberty as sought for.
3. In view of dismissal of the petition, I.A.No.1/2017 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE AV