IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8584 OF 2016 BETWEEN:
State of Karnataka By Kumaraswamy Layout Police Station Represented by State Public Prosecutor High Court Building Bengaluru-560 001 …Petitioner (By Sri. I.S.Pramod Chandra, SPP-II) AND:
1. Sri Mujassim No.193, 1st Floor 12th ‘A’ Cross Iliyaz Nagar Bengaluru City-560 078 2. Smt.Fathima No.393, 1st Floor 12th ‘A’ Cross, Iliyaz Nagar Bengaluru City-560 078 3. Sri Zakka Ulla No.393, 1st Floor 12th ‘A’ Cross, Iliyaz Nagar Bengaluru City-560 078 4. Smt.Sayera No.393, 1st Floor, 12th ‘A’ Cross, Iliyaz Nagar Bengaluru City- 560 078 ...Respondents (By Sri.Syed Khaleel Pasha, Adv.- Absent) This Criminal petition is filed under Section 482 of Cr.P.C. praying to this Hon’ble Court may be pleased to quash the order dated: 22.09.2016 passed in S.C.No.1043/2014 on the file of The XLV Addl. City Civil and Session Judge, Bangalore City thereby rejecting the application filed by the prosecution and allow the application filed by the prosecution under section 216 of Cr.P.C. before the Trial Court and etc.
This Criminal petition coming on for admission, this day, the Court made the following:
O R D E R When the matter is taken up for hearing, learned SPP-II for the Respondent-State submits that trial has been concluded and the material witnesses have been examined by the prosecution and the matter is set down for further arguments before the trial court.
2. Since, no stay was granted and the matter is at the advanced stage of hearing, in my view, it is not proper to interfere with the order passed by the trial court.
3. Accordingly, the petition is dismissed.
Srl.
Sd/- JUDGE