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.457/2015 BETWEEN:
SRI C M KRISHNAMURTHY S/O.LATE MAYAPPA, AGED ABOUT 53 YEARS, R/AT NO.242, MARUTHI NILAYA, PATALAMMA LAYOUT, KADUGODI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560067.
…PETITIONER (BY SRI M PRABHAKAR, ADVOCATE-ABSENT) AND:
1. STATE OF KARNATAKA MAHADEVAPURA POLICE/CCB (REP. BY S.P.P) HIGH COURT BUILDING BENGALURU – 560 001 2. SRI BORELINGAIAH S/O.PUTTASWAMY, AGED ABOUT 33 YEARS, R/AT. NO.3, NS BUILDING, NEAR GOVERNMENT SCHOOL, HOODI, BENGALURU-560048.
... RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1 NOTICE TO R2 IS DISPENSED WITH VIDE COURT ORDER DATED 14.01.2019) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO ADMIT THIS CRL.PETITION AND QUASH THE ORDER DATED 17.12.2014 PASSED ON APPLICATION U/S 301(2) OF CR.P.C. IN C.C.NO.20121/2014 PASSED BY THE I/c. I-ACMM COURT AT BENGALURU AT ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner is absent.
2. Heard the learned SPP-II for respondent No.1.
3. Petitioner is aggrieved by the order passed by the trial Court on the application filed by respondent No.2 under Section 301(2) of Cr.P.C., in C.C.No.20121/2014. By the said order, respondent No.2 is permitted to assist the prosecution under Section 301(2) of Cr.P.C.
4. The only contention urged by the petitioner is that, the application is pre-mature. This contention is already negated by the trial Court with reference to the law laid down by the Hon’ble Supreme Court of India in the case of M/s. J.K.International Vs. State Government of NCT of Delhi and other reported in AIR 2001 SC 1142.
5. In the light of the proposition of law laid down therein, the impugned order does not warrant any interference by this Court in exercise of powers under Section 482 of Cr.P.C. The petition is not fit for admission. Accordingly, it is dismissed.
Sd/- JUDGE nvj