IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4441 OF 2014 BETWEEN:
SHRI SHAILESH KUMAR AGED ABOUT 45 YEARS S/O LATE A JANARDHAN ACHAR R/A NITYANANDA NAGAR DERALAKATTE MANGALORE-575018 ... PETITIONER (BY SMT: NALINA MAYEGOWDA, ADVOCATE ABSENT) AND:
1. STATE OF KARNATAKA REPRESENTED BY MANGALORE SOUTH POLICE STATION PANDESHWAR MANGALORE-575001 2. MRS NISHA S KUMAR AGED ABOUT 37 YEARS W/O SHAILESH KUMAR R/A MEGHA VARSHINI NETHRAVATHI LAYOUT CAPITANIO ROAD KANKANADY MANGALORE-575002 PRESENT ADDRESS:
#302, DECCAN CHAMBERS, 136, ISS ROAD, MUMBAI-400004.
(BY SRI: NASRULLA KHAN, HCGP FOR R1) ... RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR BEARING CRIME NO.111/14 PENDING BEFORE THE II JMFC COURT, MANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This petition is filed under Section 482 Cr.P.C. seeking to quash the FIR in Cr.No.111/2014. On the last hearing dates as well as on the previous dates on 18.12.2018, 14.12.2018 and 12.12.2018, learned counsel for the petitioner has remained absent indicating that the petitioner is not interested in pursuing the petition.
2. Learned HCGP who has taken notice for respondent No.1 submits that after investigation, ‘B’ report has been submitted by the Investigating Officer and the same is challenged by the complainant. At that stage, the Investigating Officer moved an application seeking leave to further investigate into the matter. The same has been allowed.
In view of this submission, reserving liberty to the petitioner to challenge any further action in the matter, the petition is dismissed. In view of dismissal of the main matter, I.A.No.1/2014 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-