IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.1044/2019 (GM-POLICE) BETWEEN:
1. SRI D.ANIL S/O.LATE S.DORAIRAJU AGED ABOUT 48 YEARS ADDITIONAL DIRECTOR OFFICE OF THE ADDITIONAL DIRECTOR GENERAL DIRECTORATE OF SYSTEMS AND DATE MANAGEMENT MINISTRY OF FINANCE 2ND FLOOR, C.R.BUILDINGS QUEENS ROAD BENGALURU-560 001 2. SRI SUJIT KUMAR P. SOMPUR S/O.P.H.SOMPUR AGED ABOUT 39 YEARS JOINT DIRECTOR OFFICE OF THE PRINCIPAL ADDITIONAL DIRECTOR GENERAL NATIONAL ACADEMY OF CUSTOMS INDIRECT TAXES AND NARCOTICS #40, HMT FACTORY MAIN ROAD JALAHALLI BENGALURU-560 013 ...APPELLANTS (BY SRI K.V.ARAVIND, ADVOCATE) AND:
1. SRI KRIPLANI M. PROPRIETOR M/S.NEXT GEN TECHNOLOGIES NO.863, 7TH MAIN, 3RD CROSS HAL 2ND STAGE, INDIRANAGAR BENGALURU-560 008 2. THE SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION- ACB, BALLARI ROAD BENGALURU-560 032 …RESPONDENTS (BY SRI B.A.BELLIAPPA, ADVOCATE FOR R1;
SRI P.PRASANNA KUMAR, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 12.03.2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.54770/2018.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
J U D G M E N T After arguing the matter for sometime, Sri K.V.Aravind, learned Advocate for the appellants has filed a memo seeking leave of this Court to withdraw the appeal with liberty to challenge the FIR before appropriate forum.
2. Sri P.Prasanna Kumar, learned Standing Counsel for respondent No.2-CBI submits that an FIR has been registered without reference to the order passed by this Court in the writ petition.
3. In the circumstances, this writ appeal is dismissed as withdrawn with liberty to the appellants to challenge the FIR in an appropriate forum. All contentions of the appellants are kept open.
In view of dismissal of the appeal, I.A.Nos.1 and 2 of 2019 do not survive for consideration and the same stand disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB