IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7406/2014 BETWEEN:
Shashidhar,S/o Cheluve Gowda, Aged about 28 years, R/at No.88, K.H.B. Colony, Nanjanagudu Taluk, Mysore District – 571301.
(By Shri.M.Vinod Kumar, Advocate) AND:
1.State of Karnataka, Reptd. by T.Nanjanagudu Police Station, Nanjanagudu, Mysore District, Reptd. by The State Public Prosecutor, High Court of Karnataka, Vidhanasoudha, Bangalore – 560001.
2. B.Rashmi, Senior Geologist, Mines and Geolgy Department, Gaganachumbi Double Road, Kuvempu Nagara, Mysore 570001.
…Petitioner …Respondents This criminal petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings in Crime No.210/2014 on the file of the Addl. Civil Judge (Jr. Dn) & JMFC at Nanjanagudu etc.
This petition coming on for admission this day, the Court made the following;
ORDER Counsel for the petitioner is absent. No representation.
2. Perused the petition.
3. Petitioner has sought to quash the proceedings in Crime No.210/2014, on the file of the Additional Civil Judge (Jr.Dn) and JMFC, Nanjanagudu.
4. When the matter is taken up for hearing, learned SPP-II appearing for respondent No.1/State submits that investigation is completed and charge sheet is laid against the petitioner and other accused persons for the offence punishable under Section 379 of IPC r/w Section 4(1), 4(1a) and 21(1) of MM (D&R) Act, 1957 and Sections 3, 42, 43 and 44 of KMMCR Act, 1994, in C.C.No.802/2015.
Inspite of filing charge sheet against the petitioner, he has not chosen to challenge the charge sheet. Hence, the petition is liable to be dismissed.
5. Liberty is reserved to the petitioner to seek discharge on such grounds available under law, petition is dismissed.
Sd/- JUDGE Msu