IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION No.6582 OF 2018 BETWEEN:
Sri. Ramakrishna, Aged about 59 years, S/o. late K. Subbaiah, Working as Project Director, Department of Rural Development, Bidar – 585 401 (present working place) ...Petitioner (By Sri.R. Rangaswamy, Advocate for Sri.C. Channe Gowda, Advocate) AND:
1. State of Karnataka by the Station House Officer, Halasuru Gate Police Station, Bengaluru, Represented by the State Public Prosecutor, High Court Building, Dr. Ambedkar Veedhi, Bengaluru – 560 001.
2. The Principal Secretary to Government of Karnataka, Rural Development and Panchayat Raj Department, M.S. Building, 3rd Floor, 3rd Gate, Dr. Ambedkar Veedhi, Bengaluru – 560 001. ...Respondents (By Sri. Diwakar Maddur, HCGP for R-1; R2- served) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the F.I.R. in Crime No.118/2018 registered by the Halasurugate Police, for the offences under Sections 408 and 420 r/w. Section 34 IPC, now pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru City, in the interest of justice.
This Criminal Petition coming on for Admission, this day, the Court made the following:
ORDER Both side present.
2. Learned counsel for the petitioner submitted that the complainant-Police have filed ‘B’ Report in the trial Court, which notice served upon the complainant. He submits that in view of the fact that the complainant- Police filed ‘B’ Report, the present petition does not survive. Further, he reserves his liberty to file appropriate petition in case ‘B’ Report is not accepted.
3. In view of the submission made above, the present petition is dismissed as not pressed.
The petitioner would be at liberty to proceed in accordance with law, in case ‘B’ Report is not accepted.
4. In view of dismissal of the main petition as not pressed, I.A.Nos.1/2018 and 1/2019 does not survive for consideration and accordingly they are dismissed.
Sd/- JUDGE BMC