IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8117/2017 BETWEEN:
1.SRI SHAIK ASLAM PASHA @ BABU, S/O LATE SHAIK MASTAN, AGED ABOUT 54 YEARS, 2. SRI IRFAN PASHA, S/O SRI.SHAIK ASLAM PASHA @ BABU, AGED ABOUT 29 YEARS, ALL ARE R/AT NO.24, 34TH CROSS, YARABNAGAR, BANASHANKARI II STAGE, BENGALURU-560070. ... PETITIONERS (BY SRI. BASAVARAJU P, ADV. ) AND:
1. THE STATE OF KARNATAKA, KUMARASWAMY LAYOUT POLICE STATION, BENGALURU-560 078, REPRESENTED BY, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. H. REHAMAN KHAN @ FIROZ, S/O M.AFEEZ KHAN, AGED ABOUT 40 YEARS, R/AT NO.33, 2ND CROSS, YARAB NAGARA, II STAGE, BANASHANKARI, BENGALURU – 560 070. ... RESPONDENTS (BY SRI. S RACHAIAH, HCGP FOR RESPT.NO.1) THIS CRL.PETITION IS FILED U/S.482 CR.P.C. WITH A PRAYER TO i) SET ASIDE THE ORDER DATED 24.08.2016 IN C.C.NO.8770/2011 PASSED BY THE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE AND ORDER IN CRL.RP.NO.815/2016 DATED 01.08.2017 PASSED BY THE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-70), BANGALORE VIDE ANNEXURE-A AND B. ii) ALLOW THE PRESENT PETITION AND APPLICATION FILED BY THE PETITIONER AND DISCHARGE THE PETITIONERS FORM THE ALLEGED OFFENCES P/U/S 448,427,506B R/W 34 OF IPC REGISTERED BY THE RESPONDENT POLICE VIDE ANNEXURE-
J. iii) ALTERNATIVELY BE PLEASED TO QUASH THE FIR IN CR.NO.469 DATED 05.10.2010 REGISTERED BY THE RESPONDENT POLICE AND CHARGE SHEET SUBMITTED BY THE RESPONDENT POLICE FOR THE OFFENCES P/U/S 448,427,506B R/W 34 OF IPC VIDE ANNEXURE-C AND E.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for petitioners has filed a Memo stating thereunder, that prayer sought for in the petition has become infructuous.
2. Memo filed to the said effect is placed on record.
3. Criminal petition is dismissed as having become infructuous.
In view of disposal of Criminal petition, I.A.No.1/17 for stay does not survive for consideration, same stands rejected.
SD/- JUDGE psg*