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Karnataka High Court

Sunil Kumar @ Silent Sunil vs State By on 19 March, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                  -1-
                                                             NC: 2024:KHC:11257
                                                         CRL.P No. 3902 of 2017




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 19TH DAY OF MARCH, 2024

                                                BEFORE
                      THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                       CRIMINAL PETITION NO. 3902 OF 2017 (482)
                   BETWEEN:

                   SUNIL KUMAR @ SILENT SUNIL
                   S/O KRISHNAPPA
                   AGED ABOUT 36 YEARS,
                   R/AT NO.S-4, FORTUNE ICON
                   APARTMENT,
                   JODIDAR ASHWATHAPPA FARM
                   SAHAKAR NAGAR
                   BANGALORE-560 092

                                                                   ...PETITIONER
                   (BY SRI. I.S PRAMOD CHANDRA.,ADVOCATE)

                   AND:

                   STATE BY
                   YELAHANKA POLICE STATION
                   BANGALORE
Digitally signed
by
NARAYANAPPA        REPRESENTED BY
LAKSHMAMMA         THE STATE PUBLIC PROSECUTOR
Location: HIGH     HIGH COURT OF KARNATAKA
COURT OF           HIGH COURT BUILDINGS
KARNATAKA
                   BANGALORE

                                                                  ...RESPONDENT
                   (BY SRI.M.R. PATIL., HCGP)

                        THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING
                   TO QUASH THE FIR IN CR.NO.58/2017 OF YELAHANKA POLICE
                   STATION, PENDING ON THE FILE OF PRL. CITY CIVIL AND S.J.,
                   BANGALORE.

                         THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
                   DAY, THE COURT MADE THE FOLLOWING:
                                -2-
                                              NC: 2024:KHC:11257
                                         CRL.P No. 3902 of 2017




                            ORDER

1. The petitioner is before this Court seeking for the following relief:

Quash the FIR in Cr.No.58/2017 of Yelhanka Police Station pending on the file of the Court of Principal City Civil and Sessions Judge, at Bangalore.

2. A memo dated 11.3.2024 has been filed and signed by the learned counsel for the petitioner, which reads a under;

Memo for withdrawal It is submitted that the petitioner had filed the above petition seeking quashing of the proceedings in Cr.No.58/2017 registered with Respondent Police Station. However, later, the police have investigated the matter and filed charge sheet before the jurisdictional Court for various offences including the ones under th KCOCA and now pending in Spl.C.C.No.414/2017. In view of the said development, the Petition seeking quashing of the F.I.R. would not survive for consideration and the Petitioner intends to challenge the filing of charge sheet and order taking of cognizance and further proceedings before the learned City Civil Judge, Bengaluru City.

WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to permit the Petitioner to withdraw the present petition with liberty to file a petition afresh challenging the proceedings pending before the learned Principal City Civil and Sessions Judge, Bengaluru City, at Bengaluru, in Spl. C.C.No.414/2017, in the interest of justice and equity.

-3-

NC: 2024:KHC:11257 CRL.P No. 3902 of 2017

3. Accepting the said memo and submission of learned counsel for the petitioner, the petition is dismissed as withdrawn.

4. Reserving liberty to the petitioner to challenge the charge sheet filed.

Sd/-

JUDGE SR List No.: 1 Sl No.: 4