IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JANUARY 2019 BEFORE THE HON’BLE Mr. JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.6525/2018 BETWEEN:
1. Sri.Subbappa, S/o.late Kembogappa, Aged about 68 years, R/at Kandegala village, Gundlupete Taluk, Chamarajanagar-571 111.
2. Sri.Dinesh Kumar, S/o.Subbappa, Aged about 32 years, Occ: Employee at Seqronics (Ind) Pvt.Ltd., B-72, Industrial Estate, Metagalli, Mysuru-570 016.
New R/o.No.138, II Cross, IV Main, Gowrishankaranagar, Mysuru-25.
(Falsely shown as r/o.Kandegala village, Gundlupete Taluk, Chamarajanagar in the charge sheet) (By Sri.Chandrashekar.P, Advocate) ...Petitioners AND:
1. State of Karnataka, By Gundlupet Police Station, Gundlupet Taluk, Chamarajanagar District, Rep. by State Public Prosecutor, High Court of Karnataka, High Court Building, Bengaluru-560 001.
2. Mallu.K.M, S/o.late Madappa, Aged about 55 years, R/o.Kandegala village, Gundlupet Taluk, Chamarajanagar-571 111.
...Respondents (By Sri.S.Chandrashekaraiah, HCGP for R-1) This Criminal Petition is filed under Section 482 Cr.P.C., praying to:
a) quash the charge sheet in C.C.No.465/2017 in Cr.No.19/2017 on the file of the learned Principal Civil Judge and JMFC, Gundlupet, Chamarajanagar for the offence p/u/s.324, 114, 504 r/w.34 of IPC;
b) quash the order dt.22.04.2017 in C.C.No.465/2017 passed by the learned Principal Civil Judge and JMFC, Gundlupet, Chamarajanagar for the offence p/u/s.324, 114, 504 r/w.34 of IPC.
This Petition coming on for admission, this day, the Court made the following:-
ORDER Heard Sri.Chandrashekar.P, learned counsel appearing for the petitioners and learned HCGP appearing for first respondent-State.
2. Learned counsel for the petitioners seeks leave of the Court to withdraw this petition with liberty to file appropriate application for discharge before the jurisdictional Magistate.
3. Memo filed to the said effect is placed on record.
4. Petition is dismissed. Liberty as sought for is granted.
In view of disposal of the petition, I.A.No.2/2018 for stay does not survive for consideration and is accordingly, disposed of.
SD/- JUDGE bnv*