K R Sridhara @ vs The State Of Karnataka on 6 June, 2019

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Karnataka High Court

K R Sridhara @ vs The State Of Karnataka on 6 June, 2019

Bench: Alok Aradhe

                            1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 06TH DAY OF JUNE 2019

                        BEFORE
     THE HON'BLE MR. JUSTICE ALOK ARADHE

        CRIMINAL PETITION NO.3954 OF 2018

BETWEEN:

K.R.Sridhara @
K.R.Sridhara Reddy,
S/o.K.Y.Rama Reddy,
Aged about 49 years,
R/at No.62/5,
Konappana Agrahara,
Electronic City Post,
Bengaluru-560 100.                          ... Petitioner

(By Sri.Chandrashekar.P, Advocate)

AND:

1.     The State of Karnataka,
       Through Hebbagodi Police Station,
       Represented by
       The State Public Prosecutor,
       High Court of Karnataka,
       Bengaluru-560 001.

2.     Ramakrishna V.,
       S/o.Vishwanathaiah,
       Aged 55 years,
       R/at No.241/C, 7th Cross Road,
       2nd Main Road,
       Prakash Nagar,
       Bengaluru-560 021.               ... Respondents

(By Sri.Vijayakumar Majage, Addl.SPP for R1;
    Sri.M.Ramadass, Adv., for R2)
                             2



       This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to [a] quash the FIR dated 31.10.2017
registered by the Hebbagodi Police in Cr.No.471/2017.
[b] quash the complaint dated 30.10.2017 lodged by
the second respondent herein. [c] quash the charge
sheet in C.C.No.457/2018 filed by the first respondent
police for the offences p/u/s 447, 427, 504, 506 and
420 of IPC, now pending on the file of the learned
Additional Civil Judge and JMFC, Anekal. [d] quash the
order dated 07.03.2018 passed by the learned
Additional    Civil  Judge      and     JMFC,  Anekal    in
C.C.No.457/2018 taking cognizance against the
petitioner.

      This Petition coming on for Admission, this day,
the Court made the following:-

                         ORDER

For the reasons assigned in the order passed today in Crl.P.No.3950/2018, the impugned order dated 7.3.2018 passed by the learned Additional Civil Judge and JMFC, Anekal in C.C.No.457/2018 is hereby quashed. The matter is remitted to the Magistrate to consider the matter afresh and to pass fresh orders in accordance with law within a period of one month from today.

Accordingly, petition is disposed of. 3 In view of disposal of the main petition, pending Interlocutory Application does not survive for consideration. Accordingly, it is disposed of.

Sd/-

JUDGE bkp

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