IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1837 OF 2015 BETWEEN:
SRI JUNAID MOHAMMED WAZEER S/O LATE MOHAMMED WAZEER, AGED ABOUT 40 YEARS, R/AT NO.10, MANJUNATH APARTMENT, 2ND MAIN, SHIVASHANKAR LAYOUT, KATTIGENAHALLI, YELAHANKA OLD TOWN, BANGALORE-506 064.
(BY SRI: V J BENJAMINE, ADVOCATE-ABSENT) ... PETITIONER AND:
1. THE STATE OF KARNATAKA BY THE INSPECTOR OF POLCIE, YELHANKA P.S, BANGALORE-560 064.
2. DR. Y M VENKATESH, S/O LATE Y V MUNIRAJ, 3. SMT. ROOPA WIFE OF DR.VENKATESH BOTH ARE RESIDENCE OF NO.52, 2ND MAIN, 2ND CROSS, GKVK LAYOUT, BENGALURU-65.
4. NAGI R/AT NEAR VENKATALA, YELHANKA OLD TOWN, BANGALORE-560 064.
5. ASHWIN R/AT NO.52, 2ND MAIN, 2ND CROSS, GKVK LAYOUT, BANGALORE-560 065.
6. SRI RAMMURTHY R/AT NEAR VENKATALA, YELHANKA OLD TOWN, BANGALORE-560 064.
... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1) THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C PRAYING TO DIRECT THE 1ST RESPONDENT TO TAKE ACTION ON THE PCR AS PER ANNEXURE-H AND ISSUE FIR AND INVESTIGATION AGAINST THE RESPONDENTS NO.3 TO 7. COST OF THIS PETITION BE AWARDED TO THE PETITIONER.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner and his counsel are absent. Even on the last date of hearing, none appeared for the petitioner indicating that the petitioner is not interested to pursue the petition.
2. The petitioner has sought for a direction to the first respondent to take action on the PCR filed and issue FIR against respondent Nos.3 to 7.
3. When the matter is taken up for hearing, learned SPP- II for respondent No.1 submits that PCR filed by the complainant was referred for investigation under Section 156(3) Cr.P.C. and after investigation, a ‘B’ report has been submitted before the jurisdictional Court.
In view of the said submission, the petition does not survive for consideration. Accordingly, the petition is dismissed.
Sd/- JUDGE *mn/-