IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ CRL.P.NO.5396/2015 BETWEEN:
SRI H.D.KUMARSWAMY, S/O. SRI H.D.DEVEGOWDA, FORMER CHIEF MINISTER, KARNATAKA STATE, PRESENTLY M.L.A. OF RAMNAGAR VIDHANA SABHA CONTITUENCY, RESIDING AT NO.286, 3RD MAIN, 3RD PHASE, J.P.NAGAR, BANGALORE – 560 078. … PETITIONER (By SRI KALEEM SABIR, ADV. FOR SRI HASHMATH PASHA & ASSOCIATES) AND:
1. STATE OF KARNATAKA BY SPECIAL INVESTIGATION TEAM, KARNATAKA LOKAYUKTHA, BANGALORE – 560 001.
2. STATE OF KARNATAKA BY: LOKAYUKTHA POLICE, BANGALORE CITY WING, BANGALORE – 560 001.
(BOTH THE RESPONDENTS ARE REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR FOR LOKAYUKTHA). … RESPONDENTS (By SRI P.GOVINDAN, ADV. FOR R1, SRI VENKATESH P. DALWAI, SPL. PP. FOR R2) This petition is filed under Section 482 Cr.P.C. praying to quash the FIR in Cr.No.16/2014 and investigation taken up in pursuance of this FIR by the 1st respondent – Special Investigation Team, Karnataka, Lokayuktha, Bangalore City for offences under Sections 420, 465, 468 read with 120 B and 511 of IPC and under Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act and under Sections 21(2) and 23 of MMDR Act, 1957 as an abuse of process of law.
This petition coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition with a liberty to file a fresh petition when the occasion arises.
Memo is placed on record. Permission granted. Petition is dismissed as withdrawn. Consequently, I.A.1/2016 and I.A.1/2017 are also dismissed.
SD/- JUDGE PKS