S. Manohar vs State Of Karnataka on 7 December, 2016

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Karnataka High Court

S. Manohar vs State Of Karnataka on 7 December, 2016

Bench: S.N. Satyanarayana

                          1




           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

      DATED THIS THE 7TH DAY OF DECEMBER 2016

                       BEFORE

     THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA

           CRIMINAL PETITION No.101106/2016

BETWEEN:

1.   S. MANOHAR
     S/O LATE SHANMUKAPPA
     AGED ABOUT 54 YEARS
     R/AT B-41, NO.26
     SHEFALI APARTMENTS
     AGA ABBAS ALI ROAD
     ULSOOR, BENGALURU-560042
     KARNATAKA WORKING AS
     ASSISTANT EXECUTIVE ENGINEER
     CITY MUNICIPAL COUNCIL
     HEBBAGODI, ANEKAL TALUK
     KARNATAKA

2.   SIDRAM T DANDGULKAR
     S/O TUKARAM DANDGULKAR
     AGED ABOUT 52 YEARS
     R/AT NO.4-601/14/10
     D GUBBI COLONY
     M G ROAD, GULBARGA
     KARNATAKA 585105
     WORKING AS
     ASSISTANT ENGINEER
     PANCHAYAT RAJ ENGINEERING
     SUB DIVISION KALABURGI
     KARNATAKA
                          2




3.    SMT.JYOTHI LAXMI DEVI PATIL
      W/O RAMANAGOUDA BIRADAR
      AGED ABOUT 32 YEARS
      R/AT NO.65
      DELHI PUBLIC SCHOOL MAIN ROAD
      BIKASIPUR BENGALURU
      KARNATAKA-560062
      WORKING AS ASSISTANT ENGINEER
      OFFICE OF THE AEE
      M I SUB DIVISION
      JAYANAGAR SHOPPING COMPLEX
      5TH FLOOR, JAYANAGAR 4TH BLOCK
      BENGALURU-560011

                                 ... PETITIONERS

(BY SRI SRINAND A PACHHAPURE, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY KUSHTAGI POLICE,
      KOPPAL, REPTD. BY SPP
      HIGH COURT OF KARNATAKA
      DHARWAD

2.    N. JANVEKAR
      CHIEF ENGINEER
      AGE:MAJOR
      MINOR IRRIGATION NORTH
      RANGE VIJAYAPUR
      VIJAYPURA
                               ... RESPONDENTS

(BY SRI RAJA RAGHAVENDRA NAIK, HCGP FOR
RESPONDENT No.1
SRI B.S. SANGATI, ADVOCATE FOR RESPONDENT No.2)
                                  3




      THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF THE CRIMINAL PROCEDURE CODE, 1973, SEEKING
TO CALL FOR RECORDS, IF NECESSARY AND QUASH THE
FIR IN CRIME No.243/2016, ON THE FILE OF THE 1ST
RESPONDENT POLICE, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 409, 420 OF IPC, INSOFAR AS THE
PETITIONERS ARE CONCERNED AND CONSEQUENTLY
DISMISS THE COMPLAINT IN CR.NO.243/2016, ON THE
FILE OF THE 1ST RESPONDENT POLICE, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 409, 420 OF
IPC, AGAINST THE PETITIONERS, ON THE BASIS OF THE
COMPLAINT OF 2ND RESPONDENT.

     THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Accused Nos.17, 20 and 26 in Crime No.243/2016 registered by Kushtagi Police, Koppal District, for the offences punishable under Sections 409 and 420 of the Indian Penal Code, 1860, have come up in this petition seeking quashing of the proceedings as against them.

2. In this petition, by order dated 15.09.2016, further investigation into the matter was stayed for a period of four weeks. However, learned counsel for petitioners this day has filed a memo seeking permission to withdraw the petition on the premise that the 4 investigation is going on and petitioners have agreed to participate in the same and assist the Police for completion of the investigation.

3. The memo is taken on record. Accordingly, the petition is dismissed as withdrawn.

4. In view of disposal of this petition, I.A. No.2/2016 for vacating stay does not survive for consideration and the same stands disposed of.

Sd/-

JUDGE sma

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