IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7785 OF 2014 BETWEEN:
Rojo Joseph S/o T.M.Joseph Aged about 42 years K.R.A. Plantations Kollamugaru Village Sullia Taluk, D.K.District – 574 239 Permanently residing at Thuruthipara House Kannambra P.O.
Paraghat District, Kerala – 678 686. (By Sri.R.B.Deshpande, Advocate) AND:
1. The State of Karnataka by Subramanya Police Station Dakshina Kannada District – 574 238.
…PETITIONER 2. Lijo Thomas S/o T.K.Thomas Aged about 39 years KRA Plantation Perijambi Kollamogru Village Sullia Taluk, Dakshina Kannada – 574 239.
...RESPONDENTS (By Sri.I.S.Pramod Chandra, SPP-II for R-1) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the FIR/Complaint against the petitioner in Cr.No.84/2014 of Subramanya Police pending on the file of Addl.C.J. (Jr.Dn.) and JMFC., Sullia, D.K., and its consequential proceedings.
This Criminal Petition coming on for Admission, this day, the Court made the following:
O R D E R This petition is filed under Section 482 of Cr.P.C., seeking to quash the FIR in Crime No.84/2014 registered for the offence punishable under Section 380 of IPC.
2. When the matter is taken up for hearing, learned SPP-II appearing for respondent No.1 submits that on completion of the investigation, ‘B’ report has been submitted before the jurisdictional Court and the same under consideration of the learned Magistrate.
3. In view of his submission, the learned counsel for the petitioner seeks leave of this Court to withdraw the petition reserving liberty to the petitioner to challenge the further action taken by the respondents in the matter.
4. Reserving liberty as prayed for, this petition is disposed of.
In view of the disposal of the main petition, I.A.No.1/2014 does not survive for consideration and the same is dismissed.
Sd/- JUDGE Prs*