IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2781 OF 2018 BETWEEN:
1. CHIKKABYLAPPA, AGED ABOUT 58 YEARS, S/O LATE BYLAPPA, LAKSHMIPURA VILLAGE, YASHVANTHPURA HOBALI, BENGALURU NORTH TALUK, BENGALURU-97.
2. SMT. JAYAMMA, W/O CHIKKABYLAPPA, LAKSHMIPURA VILLAGE, YASHVANTHPURA HOBALI, BENGALURU NORTH TALUK, BENGALURU-97.
3. D. KRISHNAPPA, AGED ABOUT 63 YEARS, S/O DASAPPA, RESIDING AT NO.140, NARSIPURA MAIN ROAD, VIDYRANYAPURA POST, BENGALURU-97.
4. SRI. K. H. MAHANTHESHWARASWAMY, AGED ABOUT 56 YEARS, S/O. HANUMANTHAPPA, RESIDING AT NO.129, VINYAKANAGAR, M. S. PALYA, VIDYARANYAPURA POST, BENGALURU-97.
(BY SRI. MUKKANNAPPA S.B., ADV.) AND:
1. STATE BY SOLDEVANAHALLI POLICE, SOLADEVANAHALLI, BENGALURU-97.
REP. BY SPP, HIGH COURT BUILDINGS, BENGALURU-01.
2. SMT. GANGALAKSHMAMMA, AGED ABOUT 42 YEARS, W/O. SRINIVAS, R/AT NO.4, 6TH BLOCK, MAGADI ROAD POLICE QUARTERS, BENGALURU-97.
... PETITIONERS ... RESPONDENTS THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 05.03.2018 PASSED BY THE HON’BLE CHIEF JUDICIAL MAGISTRATE, BENGALURU IN C.C.NO.3093/2014 AND CONSEQUENTLY ALLOW THE APPLICATION U/S 311 OF CR.P.C. FILED BY THE PETITIONERS FOR RECALL OF PW-3 FOR THE PURPOSE CROSS EXAMINATION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION ALONG WITH I.A.1/2018 THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for petitioners submits that the prayer sought for in the criminal petition has become infructuous. A memo to the said effect is filed.
Memo is placed on record.
Criminal petition is dismissed as having become infructuous.
Consequently, I.A.1/2018 seeking stay does not survive for consideration.
SD/- JUDGE sac*