IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.5101/2017 BETWEEN:
1. MARISWAMY H K S/O LATE KALAJAVARAIAH, AGED ABOUT 53 YEARS, RANGE FORESTER, YESLUR RANGE, YESLUR, SAKALESHAPURA TQ, HASSAN DISTRICT-573201 2. SEEMA D/O MARISWAMY H K, AGED ABOUT 30 YEARS, ASSISTANT CONSERVATIVE FOREST, ‘JINKEVANA’, FOREST QUARTERS, CHIKKAMAGALUR-577101 3. PYARIJAN W/O MARISWAMY M K, AGED ABOUT 48 YEARS, RANGE FOREST QUARTERS, YESLUR, SAKALESHAPURA TQ, HASSAN DISTRICT-573201 4. RAHUL H S/O MARISWAMY M K, AGED ABOUT 28 YEARS, NO.11, 8TH CROSS, 8TH MAIN, SBM COLONY, MATHIKERE, BANGALORE-560054 ... PETITIONERS (By SRI : GIRISH B. BALADARE, ADVOCATE) AND 1. THE STATE OF KARNATAKA THE SUB INSPECTOR OF POLICE, YESALUR POLICE STATION, SAKALESHPURA TALUK, HASSAN DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 2. THIRTHA D/O KRISHNAPPA, AGED ABOUT 32 YEARS, AJJIGADDE, HULAGATHUR, YESLUR HOBALI, SAKALESHAPURA TQ, HASSAN DISTRICT-573201 .. RESPONDENTS (By SRI : S.CHANDRASHEKHARAIAH, HCGP FOR R1) THIS CRL.P., IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE F.I.R FILED AGAINST PETITIONERS IN CRIME NO.38/2017 BY THE YESALUR POLICE STATION, SAKALESHPURA TALUK, HASSAN DISTRICT, FOR THE OFFENCE P/U/S 419,420,323,324,504,506 R/W 34 OF IPC AS PER ANNEXURE-A PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR. DN.) AND J.M.F.C., SAKALESHPURA.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R A memo has been filed by petitioner No.3 stating thereunder that the jurisdictional police have filed charge sheet in C.C.No.656/2017 on 14.4.2017. Liberty has been sought for by 3rd petitioner to dismiss the petition filed by him to challenge the charge sheet in accordance with law.
2. In view of the fact that charge sheet has been filed by police, the petition itself has become infructuous.
Accordingly, petition stands dismissed with liberty to petitioners to challenge the charge sheet in the manner known to law.
SD/-
JUDGE ln.