Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 5053 OF 2018 BETWEEN:
1. KODANDARAMA. B, AGED ABOUT 55 YEARS, S/O LATE BAJJAIAH R/AT NO.255, 16TH CROSS, RAILWAY LAYOUT 2ND STAGE, VIJAYANAGARA, MYSORE - 570 017.
2. SUNIL, AGED ABOUT 41 YEARS, S/O LATE CHIKKANNA, R/AT NO.197 MADESHWARA LAYOUT, 2ND STAGE, VIJAYANAGAR, MYSORE - 570 017.
3. BABU, AGED ABOUT 48 YEARS, S/O LATE NANJAPPA R/AT NO.234, 6TH CROSS,
Digitally signed SBI MAIN ROAD, by NEAR SURYA BAKERY, NARAYANAPPA 1ST STAGE, HEBBAL, LAKSHMAMMA MYSORE - 570 016.Location: HIGH COURT OF …PETITIONERS KARNATAKA (BY SRI. SHREERAM T. NAYAK, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY DEVARAJA P.S., MYSORE REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
2. DAYASHANKAR B.V.,
S/O LATE VITTAL RAO, -2- AGED ABOUT 61 YEARS, R/AT NO.57, 3RD CROSS, 3RD STAGE, GOKULAM, MYSORE - 570 002. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. BASAVARAA S. SAPPANNAVAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.88/2018 FILED BY THE RESPONDENT POLICE, DEVARAJA POLICE STATION AND TRIAL BY THE IV J.M.F.C., MYSURU. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following relief: a. Quash the FIR in Crime No.88/2018 filed by the respondent Devaraja Police and trial by the 4th Judicial Magistrate of First Class at Mysore. b. Pass such other relief as this Hon’ble Court deems fit to grant on the facts and circumstances of the case.
2. None has been appearing for the petitioner.
3. Learned counsel for respondent No.2 submits that a charge sheet has been laid in the said matter on 23.01.2019. If that be so, the petition has rendered infructous. -3-
4. Accepting the said submission, the petition is dismissed as infructuous, reserving liberty to the petitioner to challenge the charge sheet laid. Sd/- JUDGE GJM List No.: 1 Sl No.: 34 CT: BHK