IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3608 OF 2014 BETWEEN:
PREM SINGH NAYAK S/O LATE KHUBBA, AGED ABOUT 45 YEARS, R/AT BARATAGI,LT NO.1, BIJAPUR TALUK, BIJAPUR DISTRICT-586101.
AND ALSO 5/271, NEAR SHITHADI BRIDGE, SHIRTHADI POST & VILLAGE, VIA: MOODBIDI, TQ: MANGALORE DIST: DAKSHINA KANNADA-574227.
(BY SRI: ABUBACKER SHAFI, ADVOCATE) ... PETITIONER AND:
1. STATE BY SUB INSPECTOR OF POLICE SULLIA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, SULLIA--574239 2. SRI PUTTASWAMY CHIEF EXECUTIVE OFFICER SULLIA TALUK PANCHAYATH SULLIA-574239 ... RESPONDENTS (By SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 R2-SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO:
A)QUASH THE FIR DATED 13.11.2010 REGISTERED BY THE SULLIA POLICE STATION IN CR. NO.230/2010 UNDER SECTIONS 406,408,409,417,420,465,468,471,477(A) R/W 34 OF IPC UNDER SECTIONS 42,48,49,71,77,80 OF PANCHAYATH RAJ ACT, 1993 AND UNDER SECTION 392 OF KARNATAKA FINANCIAL CODE AGAINST THE PETR. VIDE ANNEXURE-G. B)QUASH THE ENTIRE PROCEEDINGS IN CR. NO.230/2010 PENDING ON THE FILE OF C.J. AND J.M.F.C., SULLIA, DAKSHINA KANNADA VIDE ANNEXURE-J.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought to quash the FIR dated 13.11.2010 in Cr.No.230/2010 registered for the offences punishable under sections 406, 408, 409, 417, 420, 465, 468, 471, 477(A) r/w 34 of Indian Penal Code and Sections 42, 48, 49, 71, 77 and 80 of Panchayath Raj Act, 1993 and under Section 392 of Karnataka Financial Code, 1958.
2. When the matter was taken up for hearing, learned SPP-II submits that after completing investigation, charge sheet has been laid against the petitioner for the above offences in the year 2015.
In view of the submission of the charge sheet, learned counsel for the petitioner seeks leave to withdraw the petition, reserving liberty to the petitioner to seek for his discharge by moving an application at the stage of hearing before charge.
Reserving this liberty, the petition is dismissed as withdrawn. In view of dismissal of the main matter, I.A.No.1/2014 for stay does not survive for consideration. Accordingly, it is disposed of.
*mn/-
Sd/- JUDGE