IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5274 OF 2016 BETWEEN:
Sri K. B. Belliappa @ Bheemaiah, S/o. late K.G. Belliappa, Aged about 71 years, R/at Hudikeri Village & Post, Virajpet Taluk, South Kodagu – 578 001.
…Petitioner (By Sri R.S. Ravi, Advocate-absent) AND:
1. Sri K.B. Dattatreya, S/o. late Belliappa, R/at Hudikeri Village & Post, Virajpet Taluk, Kodagu District – 578 001.
2. The State of Karnataka, Rep: by the Sub-Inspector of Police, Srimangala Police Station, Srimangala, Kodagu South District – 578 001.
…Respondents (By Sri I.S. Pramod Chandra, SPP-II for R-2) This Criminal petition is filed under Section 482 of Cr.P.C praying to quash the FIR in Cr.No.38/2016 on the file of Civil Judge (Jr.Dn) and JMFC Court, Ponnampet, Kodagu.
This Criminal petition coming on for Admission, this day, the court made the following:
ORDER Learned counsel for the petitioner is absent.
Heard learned SPP-II for respondent-State.
2. Learned SPP-II submits that after investigation, B report is submitted before the jurisdictional Court on 06.01.2018.
3. Petitioner has sought for the relief of quashment of the FIR in Crime No.38/2016. Since the investigation has ended in B report; petition does not survive for consideration and hence, it is dismissed.
In view of dismissal of main petition, I.A.No.1/2016 is also dismissed as it does not survive for consideration.
Sd/- JUDGE Mds/-