IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.1039 OF 2018 BETWEEN:
MR. RIZWAN MAHADI S/O. M.SADIQ ALI BAIG AGED ABOUT 38 YEARS ALI MANZIL, JC NAGAR, 2ND CROSS SHIMOGGA – 577 201. …PETITIONER (BY SHRI P.N.HEGDE, ADVOCATE) AND:
1. MR. SHYAM BHAT THE THEN CEO OF KIADB NO.14/3, 2ND FLOOR NRUPATHUMGA ROAD BANGALORE – 560 001.
2. MR. DYABERI THE CEO OF KIADB NO.14/3, 2ND FLOOR NRUPATHUMGA ROAD BANGALORE – 560 001.
3. SMT.SUMA J.
JOINT DIRECTOR, KIADB NO.14/3, 2ND FLOOR NRUPATHUMGA ROAD BANGALORE – 560 001.
4. T.C.VENKATASWAMY ASSISTANT SECRETARY (ADMIN.) KIADB, NO.14/3, 2ND FLOOR NRUPATHUMGA ROAD BANGALORE – 560 001.
5. H.GANGADARAPPA JUNIOR ASSISTANT, KIADB NO.14/3, 2ND FLOOR NRUPATHUMGA ROAD BANGALORE – 560 001.
6. P.ERANNA JUNIOR ASSISTANT, KIADB DAVANAGERE – 577 001.
7. RAMAPPA HEGDE DDO, KIADB NO.14/3, 2ND FLOOR NRUPATHUMGA ROAD BANGALORE – 560 001.
8. M.VENUGOPAL MANAGING DIRECTOR PEARLITE LINERS LIMITED N.T.ROAD, SHIMOGGA – 577 201.
… RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 07.06.2017 PASSED BY THE 76TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT, BANGALORE IN PCR NO.5/2013 AND CONSEQUENTLY DIRECT THE LEARNED JUDGE RE-CONSIDER THE MATTER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Shri P.N.Hegde, learned advocate for the petitioner submits that the issue with regard to requirement of sanction at the time of presenting the private complaint is pending before the larger Bench in the Hon’ble Supreme Court of India.
2. He seeks leave of this Court to withdraw this petition with liberty to file a fresh petition after the matter is disposed of by the Hon’ble Supreme Court of India.
3. Learned advocate for the petitioners also filed a Memo of even date to that effect and the same is placed on record.
4. Accordingly, petition is dismissed as withdrawn with liberty as prayed.
No costs.
Sd/- JUDGE GH