IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7024 OF 2016 Between:
1.Nisar Ahamed,S/o. Dastgir, Aged about 44 years, Residing at Bannimantapa, Mysuru,Mysuru-571 107.
2.Almasunnisa, W/o. Nisar Ahamed, Aged about 35 years, Mysuru City,Mysuru-571 107. ... Petitioners (By Sri. Abdul Ansar, Adv., for Sri. Abubacker Shafi, Adv.,) And:
1.State of Karnataka, By Hunsur Rural Police Station, Rep. by State Public Prosecutor, Karnataka High Court Building, Bengaluru-560 001.
2.Mr.H.D.Karthikeyan, S/o Late H.L.Dhruvakumar, Aged about 41 years, Residing at Door No.1738/11, Parasayyana Chatra, Hunsur Town, Mysuru-571 105. ... Respondents (By Sri. Nasrulla Khan, HCGP for R1) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure praying to quash the FIR and complaint in Crime No.109/2016 registered by Hunsur Rural Police and pending on the file of the Addl. Civil Judge (Sr.Dn) and C.J.M, Hunsur, Mysuru District for the offence punishable under Sections 447, 427, 506 read with Section 34 of IPC found at Annexure ‘A’ and ‘B’ etc.
This petition coming on for admission, this day, the Court made the following:
ORDER Petitioners’ counsel is absent.
2. Petitioners have sought to quash the FIR in Crime No.109/2016 registered for the offences punishable under Sections.447, 427, 506 read with Section 34 of IPC.
3. The learned HCGP who has taken notice for respondent No.1- State submits that on completing investigation, charge sheet is laid against the petitioners for the above offences and the matter is pending in C.C.No.628/2017.
4. In view of the said submission, reserving liberty to the petitioners to challenge the charge sheet or to seek their discharge on such grounds as permissible under law, petition is dismissed.
Msu Sd/- JUDGE