IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6157 OF 2015 BETWEEN:
SRI. C. MOHAN KUMAR AGED 25 YEARS, S/O CHIKKANNA, WORKING AS ASSISTANT DIRECTOR OF LAND RECORDS CHICKBALLAPUR SUB-DIVISION CHIKABALLAPUR R/A. C/O.SHANKARACHARI RETIRED HEAD MASTER NO.255/242 GOVERNMENT COCOON MARKET ROAD VABASANDRA,1ST CROSS, CHICKBALLAPUR 562101 ... PETITIONER (BY SRI:K.C. SHANTAKUMAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE INSPECTOR OF POLICE LOKAYUKTHA, CHIKBALLAPUR 562101 2. SRI. NARAYANASWAMY MAJOR, S/O LATE LAKSHMAIAH, R/AT BATTHALAHALLI VILLAGE, SOMENAHALLI HOBLI, GUDIBANDE TALUK 561209 ... RESPONDENTS (BY SRI: B S PRASAD, SPL PP FOR R1 R2-SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CR. NO.1/2015 FROM THE COURT OF PRL. DIST. AND S.J., CHICKBALLAPUR, IN SO FAR AS THE SAME PERTAIN TO AND CONCERN THE PETR. ONLY.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and perused the petition.
Petitioner has sought to quash the proceedings in Crime No.1/2015 pending on the file of the learned Principal District and Sessions Judge, Chickballapur, registered for the offences punishable under sections 7, 8, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.
2. When the matter is taken up for hearing, learned Special Public Prosecutor appearing for respondent No.1 submits that on completion of investigation, charge-sheet was also laid against the petitioner on 04.03.2016 for the above offences. He has also filed a memo to this effect and the same is taken on record.
3. In view of the said submission, learned counsel for the petitioner seeks leave of this court to withdraw the petition with liberty to challenge the charge-sheet or seek for his discharge on such grounds as available under law.
Reserving the liberty as prayed for, the petition is dismissed.
In view of dismissal of the petition, I.A.No.1/2015 does not survive for consideration and it is also dismissed.
Sd/- JUDGE Bss