IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8400/2017 Between:
V.Prabhu, S/o Venkataravanappa, Aged 31 years, Residing at No.73, Thirumalashettihalli, Samethemahalli Post, Hoskote Taluk, Bengaluru – 560 067. ... Petitioner (By Sri.P.Prasanna Kumar, Advocate) And:
1. The State of Karnataka By Srinivaspura Police Station, Srinivaspura Circle, Kolar Represented by State Public Prosecutor, High Court Building, Dr B.R.Ambedkarveedhi, Bengaluru – 560 001.
2. V. Srirama Reddy, S/o Chikkavenkata Reddy, Major, Residing at, No.755, 2nd Main Road, 2nd Cross, Ramakrishna Layout, Srinivaspura Town, Kolar – 563 135. ... Respondents (By Sri.S.Chandrashekaraiah, HCGP) This Criminal Petition is filed under Section 482 of Cr.P.C praying that this Hon’ble Court may be pleased to quash the order dated 17.09.2016 passed by the Learned Principal Civil Judge and JMFC, Srinivaspura in PCR No.87/2016 (Cr.No.239/2016) thereby referring the private complaint in PCR No.87/2016 filed by the 2nd respondent for investigation and report under Section 156(3) of Code of Criminal Procedure and consequently quash the FIR in CR.No.239/2016 registered by the respondent No.1 police as against the petitioner/accused No.1 for the offence punishable under Section 420 read with 34 of IPC and allow the petition as prayed for and etc.
This Criminal Petition coming for Admission this day, the Court made the following:
O R D E R Learned counsel for petitioner files a memo dated 26.02.2019 seeking permission to dismiss the petition on the ground that ‘B-report’ has been filed.
2. Memo is placed on record.
3. In view of the said memo, petition is dismissed as having become infructuous.
4. In the event of ‘B-report’ being rejected and matter is proceeded further, petitioner is at liberty to file a fresh petition.
SD/-
JUDGE NBM