IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.614 OF 2016 BETWEEN:
1. RAJESH S/O A ELANCHEZIYAN, AGED ABOUT 29 YEARS, R/AT NO.23/46, BOOMIKUPAM VILLAGE, TIRUPATTUR TALUK, VELLORE DISTRICT, TAMIL NADU 2. M GUNASHEKARAN S/O MUTUSWAMY AGED ABOUT 62 YEARS, R/O NO.908, 2ND MAIN, DIVANARAPALYA BENGALURU 560054 3. SMT SHEELA W/O SATHISH, AGED ABOUT 29 YEARS, R/O NO.908, 2ND MAIN DIVANARAPALYA BENGALURU 560054 ... PETITIONERS (BY SRI: SHRISHAILA A HUBLI, ADVOCATE) AND 1. STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, BENGALURU, BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.
2. BEENA MANJUNATH 1ST FLOOR, BEHIND MUTHOOT FINANCE, NEW DURBAR COMPLEX, M.S.PALYA CIRCLE, VIDHYARANAPUR POST, BENGALURU-97. ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: VASANTH ADITYA, ADVOCATE FOR R2-ABSENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.139/2015 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 420 R/W 34 OF IPC, PENDING ON THE FILE OF IV ADDL.C.M.M., COURT, BENGALURU, IN RESPECT OF THE PETITIONERS HEREIN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioners and learned Additional State Public Prosecutor for respondent No.1. Perused the records.
2. Petitioners have sought to quash the FIR in Crime No.139/2015 for the offence punishable under Section 420 r/w Section 34 of Indian Penal Code.
3. When the matter is taken up for hearing, learned Additional State Public Prosecutor appearing for respondent No.1 submitted that after investigation, ‘B’ summary report was submitted before the jurisdictional Court and same is accepted by the learned Magistrate on 13.8.2018.
4. The submission made by the learned Additional State Public Prosecutor is placed on record. In view of the said submission, nothing further survives for consideration in this petition.
5. Hence, petition is disposed of. The original records produced by the Yeshwanthpur police is directed to be returned to the concerned police.
Sd/- JUDGE bkp