IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2905/2014 BETWEEN:
1. MR.SANJEEV NARULLA S/O MR.MADANLAL NARULLA MAJOR IN AGE MANAGING DIRECTOR M/S LILLIPUT KINDS WEAR LTD., NO.D-95, PHASE-I OKHILA INDUSTRIAL AREA NEW DELHI-110 020 RESIDENT OF NO.E-109 GREATER KAILASH PART-II NEW DELHI-110 048 2. MR.ARUN JAIN S/O. MR.PAWAN KUMAR JAIN MAJOR IN AGE, DIRECTOR M/S. LILLIPUT KINDS WEAR LTD., NO.D-95, PHASE-I OKHILA INDUSTRIAL AREA NEW DELHI-110 020 RESIDENT OF VILLA NO.50, BLOCK-V, I FLOOR, EROS GARDEN, CHAMSWOOD VILLAGE FARIDABAD-121009 HARYANA.
…PETITIONERS (BY SRI VISHWANATH REDDY, ADVOCATE - ABSENT) AND:
1. STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE, BENGALURU THROUGH THE STATE PUBLIC PROSECUTOR, GOVT. OF KARNATAKA HIGH COURT BUILDING DR. AMBEDKAR VEEDHI, BENGALURU-560 001 2. M/S. GO GO INTERNATIONAL PVT. LTD A COMPANY REGD. UNDER THE COMPANIES ACT,1956 HAVING ITS OFFICE AT NO.6, 2ND CROSS, K.H.B.INDL.AREA YELAHANKA BENGALURU-560 064 REPRESENTED BY ITS COMPANY SECRETARY MR. JITHESH CHATHAMBIL.
... RESPONDENTS (BY SRI NASRULLA KHAN, HCGP. FOR R1 & SRI H.T.NATARAJ, ADVOCATE FOR R2-ABSENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 13.11.2013 PASSED BY THE C.M.M., BENGALURU CITY IN PCR NO.23222/2013 (CR. NO.265/2013) REFERRING THE COMPLAINT FILED BY THE RESPONDENT FOR INVESTIGATION U/S 156(3), CR.P.C. TO THE YELAHANKA NEW TOWN P.S., BENGALURU, AS AGAINST THE PETRS. HEREIN AND FURTHER BE PLEASED TO QUASH ALL PROCEEDINGS IN CR. NO.265/2013 (ARISING OUT OF PCR NO.23222/2013) AND NOW PENDING ON THE FILE OF C.M.M., BENGALURU AS AGAINST THE PETRS. ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners is absent.
2. Perused the petition.
3. The petition is filed under Section 482 of Cr.P.C. seeking to set aside the order dated 13.11.2013 passed by the Chief Metropolitan Magistrate, Bengaluru City in PCR.No.23222/2013, whereby, the private complaint filed by respondent No.2 has been referred to respondent No.1 for investigation under Section 156(3) of Cr.P.C.
4. When the matter is taken up for hearing, learned High Court Government Pleader appearing for respondent No.1 submits that after investigation, the jurisdictional police have submitted a ‘B’ report.
5. In view of the said submission, petition does not survive for consideration. Hence, the petition is dismissed as it does not survive for consideration.
Sd/- JUDGE nvj