IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8008 OF 2016 BETWEEN:
1. SRI SALAMUDDIN AGED ABOUT 25 YEARS S/O IBRAHIM R/AT KUMBRA HOUSE VOLAMOGRU VILLAGE, PUTTUR TALUK-574201 2. SRI KADATHIMAR RAFIQ @ MOHAMMED RAFIQ AGED ABOUT 29 YEARS S/O PALLI KUNHI, R/AT KADTHIMAR HOUSE, VOLAMOGRU VILLAGE, PUTTUR TALUK-574201.
3. SRI KADATHIMAR ASIF @ MOHAMMED ASIF AGED ABOUT 25 YEARS S/O PALLI KUNHI, R/AT KADTHIMAR HOUSE, VOLAMOGRU VILLAGE, PUTTUR TALUK-574201.
4. SRI MOHAMMED MUKTHAR S/O SRI ABDUL REHMAN, AGED 25 YEARS, R/OF KUMBRA VILLAGE, PUTTUR TALUK-574201.
D.K DISTRICT ... PETITIONERS (BY SRI; VINAYAK KULKARNI, ADVOCATE FOR SRI: ARUNA SHYAM M. ADVOCATE) AND:
1. THE STATE BY PUTTUR RURAL POLICE THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 2. SRI GANESH S/O SRI ANGARA, AGED 42 YEARS, SANTYARA HOUSE, ARYAPUR VILLAGE, PUTTUR TALUK-574201, D.K.DISTRICT. ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANRA, SPP-II FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT, FIR IN CR.NO.165/2016 AND ALL PROCEEDINGS IN CR.NO.165/2016 ON THE FILE OF ADDL. SR. CIVIL JUDGE AND J.M.F.C., PUTTUR, D.K. PURSUANT THERETO WHICH ARE PRODUCED AT DOCUMENTS NOS.1, 2 AND 3 RESPECTIVELY.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and the learned SPP-II for respondent No.1. Perused the records.
2. Petitioners have sought to quash the FIR in Crime No.165/2016 of Puttur Rural Police Station pending on the file of Addl. Civil Judge & Addl. CJM, Puttur, registered for the offences punishable under sections 341, 504, 506 read with 34 of Indian Penal Code.
3. When the matter is taken up for hearing, learned SPP-II appearing for respondent No.1 submits that after investigation, charge-sheet was laid before the jurisdictional court and the trial itself is concluded and the petitioners namely accused Nos.1 to 4 are acquitted of the above offences by judgment and order dated 19.07.2018 in C.C.No.838/2018.
4. In view of this submission, nothing survives for consideration in this petition.
Accordingly, the petition is dismissed.
In view of dismissal of the petition, I.A.No.1/2016 does not survive for consideration and it is also dismissed.
Sd/- JUDGE Bss