IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3498 OF 2015 BETWEEN:
MALLIKARJUNA S/O LATE SHARANAPPA AGED ABOUT 19 YEARS R/O 3RD CROSS, DR. AMBEDKAR NAGAR, CHKKABOMMASANDRA, YELAHANKA NEWTOWN, BENGALURU-64 ... PETITIONER (BY SRI: N.V.NAVEEN KUMAR, ADVOCATE-ABSENT) AND 1. STATE BY YELAHANKA UPANAGARA POLICE STATION YELAHANKA NEW TOWN BENGALURU-64 2. NANDISHAPPA S/O NARAYANAPPA AGED ABOUT 46 YEARS, ATTUR POST, POST OFFICE ROAD, YELANKA UPPANAGARA, BENGALURU-64 ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR NO.76/2014/COMPLAINT/CHARGE SHEET AND SUBSEQUENT PROCEEDING FOR OFFENCES UNDER SECTIONS 363, 342, 366, 376 OF IPC R/W 5(L) & 6 OF PROTECTION OF CHILD FROM SEXUAL OFFENCES ACT, 2012 BY P.S.YELAHANKA NEW TOWN, BENGALURU IN SPL.C.C.NO.53/2015 ON THE FILE OF LIII ADDL. CITY CIVIL AND SESSIONS COURT, BENGALURU, CCH-54 (ANNEXURE-F).
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioner is absent. No representation. Perused the petition.
2. The petitioner has sought to quash the proceedings pending in Spl.C.C.No.53/2015 on the file of LIII Addl. City & Sessions Court, Bengaluru registered for the offences punishable under sections 363, 342, 366, 376 Indian Penal Code r/w Sections 5(L) and 6 of Protection of Child from Sexual Offences, Act, 2012.
3. When the matter is taken up for hearing, learned Addl. SPP appearing for respondent No.1 submits that after conclusion of trial, the petitioner has been acquitted of all the above charges on 28.04.2018. Placing his submission on record, the petition is dismissed.
In view of dismissal of the main matter, I.A.No.1/2015 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-