IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 10043/2017 BETWEEN:
SRI CHANGALARAYAPPA, S/O G.KRISHNAPPA, AGED ABOUT 68 YEARS, RESIDING AT NO.194, “ARUNDOYAM”, 6TH A CROSS, AECS LAYOUT, RMV 2ND STAGE, SANJAYNAGAR, BENGALRUU-560 094. ... PETITIONER (BY SRI ARUN KUMAR.D.N., ADV.,) AND:
MR.VENUGOPALA REDDY.H.N.
S.O H.V.NARAYANASWAMY, AGED ABOUT 40 YEARS, RESIDING AT HIRANYAPALLI VILLAGE, KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563125. …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4908/2016 PENDING IN THE FILE OF THE 21ST ADDTIIONAL CHIEF METROPOLITAN MAGISTRATE BANGALORE, TILL DISPOSAL OF THE CRL. R.P.
NO.775/2015 PENDING ON THE FILE OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned Counsel for the petitioner.
Perused the records.
2. The prayer sought for in the petition is as follows:
“(a) Quash the entire proceeding in C.C.No.4908/2016 pending on the file of the Hon’ble 21st Additional Chief Metropolitan Magistrate at Bangalore till disposal of the Criminal Revision Petition bearing No.775/2017 pending on the file of Hon’ble LII Additional City Civil and Sessions Judge at Bangalore (CCH-53).
(b) and pass such any other relief/s as deems fit in the circumstances of the case.”
3. The prayer sought for in this petition cannot be granted by this Court at any stretch of imagination. The petitioner has not sought for any stay before the Revision Court. Therefore, this Court cannot directly step into the shoes of a Revision Court and grant the remedy.
4. Under any circumstances, the petition is devoid of any merits and the same is accordingly dismissed. However, the petitioner is at liberty to file appropriate application, if advised, before the Revision Court.
Sd/- JUDGE snb/-