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.249/2016 BETWEEN:
SREI EQUIPMENT FINANCE LIMITED BRANCH OFFICE AT NO.25/2 1ST FLOOR, S.N. TOWERS M.G.ROAD BENGALURU-560 001 REPRESENTED BY ITS MANAGER SRI K.A. HARISH.
(BY SRI CHANDAN K., ADV. FOR SRI AMIT DESHPANDE, ADV.) AND:
1. STATE BY KAVOOR POLICE STATION MANGALOORU REPRESENTED BY STATE PUBLIC PROSECUTOR DR. AMBEDKAR VEEDHI BENGALURU-560 001.
2. SADANADA GAMBIR S/O. LATE SHATARAAM GAMBIR AGED ABOUT 53 YEARS RESIDING AT “SADAANANDA” NEAR MAHALINGESHWARA ... PETITIONER DEVASTANA, BOLPUGUDDE KAVOOR MANGALOORU CITY-575 001.
... RESPONDENTS (BY SRI NASRULLA KHAN, H.C.G.P. FOR R1; R2 SERVED & UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED MAGISTRATE VIDE ANNEXURE-D IN CRIME NO.108/2015 PENDING BEFORE JMFC (III COURT) AT MANGALORE, DATED 06.08.2015 REFERRING THE CASE TO PSI OF KAVOOR POLICE STATION FOR INVESTIGATION CONCERNED PETITIONER AND CONSEQUENTLY TO QUASH THE FIR IN CRIME NO.108/2015 PENDING BEFORE JMFC (III COURT), AT MANGALORE, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 506, 504, 420, 406 OF IPC 1860 VIDE ANNEXURE-E.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This criminal petition is filed under Section 482 of Code of Criminal Procedure seeking to quash the impugned order dated 06.08.2015 in Crime No.108/2015 pending before the 3rd J.M.F.C. Court, Mangalore whereby, the learned Magistrate has referred the complaint filed by the second respondent for investigation under Section 156(3) of Code of Criminal Procedure.
2. When the matter was taken up for hearing, learned High Court Government Pleader appearing for respondent No.1-State submits that, after completion of the investigation, the Investigating Officer has submitted a ‘B’ report in the matter.
3. The submission made by the learned High Court Pleader is placed on record.
4. In view of the same, the petition is dismissed as it does not survive for consideration.
Sd/- JUDGE ST