IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF MARCH, 2019 BEFORE THE HON’BLE Mr. JUSTICE JOHN MICHAEL CUNHA Crl.P. No. 4621/2013 BETWEEN :
Sri. D.S. Yadav Aged about 66 years S/o. late Basthiram Yadav F-05, Sector-VI, CBD Bellapur Navi Mumbai – 400 614. … PETITIONER (By Sri. Balaram M.L., Adv.) AND :
1. State of Karnataka JP Nagar Police Rep. by State Public Prosecutor High Court Buildings Bengaluru – 560 001.
2. State of Karantaka C/o. Sri. D.N. Munikrishna No. 4, Prakruthi 15th Cross, 100 Ft. Ring Road JP Nagar 6th Phase Bangalore – 560 078. … RESPONDENTS (By Sri. Nasrulla Khan, HCGP) ---
This Crl.P. is filed under Section 482 Cr.P.C. with a prayer to quash the proceedings against the petitioner in C.C. No. 32117/2010 for alleged offences punishable under Section 498(A), 109, 504, and 506 of IPC and Section 4 of D.P. Act pending before the V ACMM, Bangalore and etc.
This Crl.P. coming on for Admission this day, the Court passed the following;
O R D E R Learned counsel for the petitioner files a memo and the same reads as under:
Advocate for the petitioner humbly and respectfully submits that, petitioner in the above case is a 3rd accused in the CC No. 32117/2010 pending before Hon’ble Vth Additional Chief Metropolitan Magistrate Court at Bengaluru. After filing above petition, 1st to 4th accused have filed discharge application, on its dismissal, Criminal Appeal before Learned Sessions Court, and now pending before this Hon'ble Court in Cri. Pet. No. 1162/2018. On hearing merits of the case, this Hon'ble Court has stayed the proceedings pending before Hon’ble ACMM Court at Bengaluru. In view of Criminal Petition is pending before this Hon'ble High Court it is submitted that, petitioner may be granted leave to agitate his contention in the Cri. Pet. No. 1162/2018, and to dismiss the above petition with liberty to file petition, in the interest of justice.
2. The memo is placed on record. In terms of the memo, petition is dismissed as withdrawn.
Sd/- JUDGE.
LRS.