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Sri Prasanna vs the State by

Sri Prasanna vs The State by

Type Court Judgment Court Karnataka Decided Feb 07, 2025
~2 min read
https://sooperkanoon.com/case/1709856

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Citation
Court
Karnataka High Court
Judge
Decided On
Case Number
WP/13789/2022

Parties & Advocates

Appellant / Petitioner

Sri Prasanna

Respondent

The State by

Excerpt

.....(by sri. lakshmi narayana, senior advocate for smt. anusha l., advocate) and:1. the state by sub inspector of police kolar town police station, kolar 563101 -2- represented by spp, high court of karnatka building, bengaluru 5600012. sri. chandra shekar r.,s/o late rangaraju, aged about 48 years, working as executive engineer o/o executive engineer, pwd department, mecche circle kolar town, kolar 563101 …respondents (by sri. thejesh p., hcgp for r1 and r2) this writ petition is filed under article 226 and 227of the constitution of india r/w section 482 of code of criminal procedure, 1973 praying to quash the fir in crime no.0147/2021 registered on 30.10.2021 (annexure-f) by the kolar town police pending on the file of hon’ble principal civil judge (sr.division) and cjm, kolar against the petitioners for the alleged offences punishable under section 143, 341, 353, 504 and 149 of ipc as continuation of the criminal proceedings would amounts to an abuse of the process of law and etc.this petition, coming on for orders, this day,order was made therein as under:coram: hon'ble mr justice s.r.krishna kumaroral orderlearned counsel for the petitioners has filed a memo seeking leave of this court to withdraw the petition on the ground that since police have filed the charge sheet in c.c.no.709/2024, the petition has become infructuous reserving liberty to file a fresh petition -3- assailing the criminal proceedings in c.c.no.709/2024 in terms of the charge sheet filed by the respondent-police. the aforesaid memo is placed on record. accordingly, the petition is dismissed as withdrawn with liberty as aforesaid. sd/- (s.r.krishna kumar) judge mds list no.: 3 sl no.: 0

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13789 OF 2022 (GM-RES) BETWEEN:

1. SRI PRASANNA AGED ABOUT 59 YEARS R/A NO.5, NEW EXTENSION

2. SRI. DINESH AGED ABOUT 43 YEARS, R/A NO. 5, NEW EXTENSION,

3. SRI. ABHISHEAK S/O PRASANNA AGED ABOUT 25 YEARS, R/A NO. 5, NEW EXTENSION Digitally signed by

LEELAVATHI       4.   SRI. VISHVESHWARA REDDY
SR                    S/O LATE JAYARAM REDDY
Location: High        AGED ABOUT 39 YEARS
court of              R/A NO.5, NEW EXTENSION,

…PETITIONERS (BY SRI. LAKSHMI NARAYANA, SENIOR ADVOCATE FOR SMT. ANUSHA L., ADVOCATE) AND:

1. THE STATE BY SUB INSPECTOR OF POLICE KOLAR TOWN POLICE STATION, KOLAR 563101 -2- REPRESENTED BY SPP, HIGH COURT OF KARNATKA BUILDING, BENGALURU 560001

2. SRI. CHANDRA SHEKAR R.,

S/O LATE RANGARAJU, AGED ABOUT 48 YEARS, WORKING AS EXECUTIVE ENGINEER O/O EXECUTIVE ENGINEER, PWD DEPARTMENT, MECCHE CIRCLE KOLAR TOWN, KOLAR 563101 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227

OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.0147/2021 REGISTERED ON 30.10.2021 (ANNEXURE-F) BY THE KOLAR TOWN POLICE PENDING ON THE FILE OF HON’BLE PRINCIPAL CIVIL JUDGE (SR.DIVISION) AND CJM, KOLAR AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 143, 341, 353, 504 AND 149 OF IPC AS CONTINUATION OF THE CRIMINAL PROCEEDINGS WOULD AMOUNTS TO AN ABUSE OF THE PROCESS OF LAW AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

Learned counsel for the petitioners has filed a memo seeking leave of this Court to withdraw the petition on the ground that since Police have filed the charge sheet in C.C.No.709/2024, the petition has become infructuous reserving liberty to file a fresh petition -3- assailing the criminal proceedings in C.C.No.709/2024 in terms of the charge sheet filed by the respondent-Police. The aforesaid memo is placed on record. Accordingly, the petition is dismissed as withdrawn with liberty as aforesaid. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 0

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