IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 1384/2015 BETWEEN:
Sri.M.K.Ganapathy, S/o Kushalappa M.K, Aged about 50 years, Residing at Rangasamudra Village, Via Kushal Nagar, North Kodagu, Presently residing at Laggere, Rajagopal Nagar, Bengaluru – 58. Presently working as Police Inspector, City Special Branch, Bengaluru City.
... Petitioner (By Sri.Nitin.R, Advocate) AND:
1. The State of Karnataka By Central Bureau of Investigation, Special Crime Branch (SCB), ‘A’ Wing, 3rd floor, Rajaji Bhavan, Besant Nagar, Chennai – 600 090. Represented by SPP, High Court of Karnataka, Bengaluru – 01.
2. The Registrar, City Civil Court, Bengaluru – 560009.
3. The President Advocates Association, Behind Cauvery Bhavan, City Civil Court Complex, Bengaluru – 560009.
(By Sri. P.Prasanna Kumar, Spl.PP for R1; Smt.Farah Fathima for R3;
... Respondents Sri.Vijayakumar Majage, Addl.SPP for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings initiated in C.C.No.248/2015 on the file of XVII – ACMM (Spl.Court for CBI cases), Bengaluru City, which is arising out of R.C.No.9(S)/2013 and RC.No.10(S)/2013 on the file of CBI/SCB/Chennai, and also quash the order dated 03.01.2015 in taking cognizance and issue of process as an abuse of process of law.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Counsel appearing for the parties in the connected matters submitted that the sole petitioner- Sri.M.K.Ganapathy in Crl.P.No.1384/2015 died about two years back. The factum of death is not disputed from any quarters including by the Additional SPP appearing for respondent No.2. Submissions are placed on record.
In view of the above, Crl.P.No.1384/2015 and all proceedings initiated against the petitioner- Sri.M.K.Ganapathy is dismissed as abated.
In view of dismissal of the petition, I.A.No.2/2015 does not survive for consideration. Accordingly, I.A.No.2/2015 is dismissed.
Sd/- JUDGE UN