IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI CRL.P. NO.3734 OF 2018 BETWEEN:
1. SRI. M.S.NAGABHUSHANA S/O. M.N.SATHYANARAYANA RAO, AGED ABOUT 60 YEARS, 2. SMT. LALITHA NAGABHUSHANA W/O. M.S.NAGABHUSHANA, AGED ABOUT 51 YEARS BOTH ARE RESIDENTS OF NO.12 & 13, 7TH CROSS, BALAJINAGAR, MALLATHAHALLI EXTENSION, BENGALURU-560056.
AND (BY SRI. JAIRAJ G., ADVOCATE) .. PETITIONERS 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER, JNANABHARATHI POLICE STATION BENGALURU-560072 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560001.
2. DS-MAX PROPERTIES (P) LTD., NO.1854, 17TH MAIN, 30TH B CROSS, 5TH BLOCK, HBR LAYOUT, BENGALURU-560043, REPREENTED BY ITS MANAGER, SRI. MARK ANTHONI AND ALSO AT NO.403,SANVILLA APARTMENT BALAJI LAYOUT, MALLATHALLI, BENGALURU-560056.
(BY SMT. K.P.YASHODHA, HCGP FOR R1, .. RESPONDENTS SRI. R.G.NAGARAJA, ADVOCATE FOR R2) *** THIS PETITION IS FILED U/S 482 OF Cr.P.C., PRAYING TO QUASH THE FIR AGAINST THE PETITIONER IN CR.NO.143/2018 WHICH IS NOW PENDING ON THE FILE OF 9TH A.C.M.M., BENGALURU REGISTERED BY THE 1ST RESPONDENT POLICE/JNANABHARATHI POLICE STATION FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 420, 448 & 454 OF IPC ON THE COMPLAINT OF THE 2ND RESPONDENT DS-MAX PROPERTIES PRIVATE LIMITED, REPRESENTED BY ITS GENERAL MANAGER, SRI MARK ANTHONI.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned State Counsel on instructions submitted that charge sheet has been filed on 06.10.2018. Hence, the present petition does not survive for consideration.
2. In view of the above submission, the petition stands disposed of with liberty to the petitioner to challenge the validity of the charge sheet, if any.
Sd/- JUDGE VK