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2018 Supreme(Kar) 1171

K.N.PHANEENDRA
Vittal Kumar – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Petitioner: Sri. Praveen C., Adv.
For the Respondent: Sri. S. Rachaiah, Hcgp For Sri. Nitin R. Adv. For R2 [Absent])

ORDER :

The petitioners in Criminal Petition No.4858/2016, are arrayed as accused Nos.1 & 2, whereas the petitioner in Writ Petition Nos.50088-89/2014 is arrayed as accused No.5 in CC No.27697/2014 arising out of Crime No.22/2014, on the file of VIII Addl. C.M.M. Bengaluru.

2. Virtually, in both the cases, the petitioners have sought for quashing of the entire proceedings in CC No.27697/2014 on the file of the Cubbon Park Police Station, Bengaluru. Almost similar grounds have been taken by them in both the cases. Therefore, the above mentioned Criminal Petition and Writ Petitions are clubbed together, heard in detail and a common order is passed.

3. The brief factual matrix which are very important to be noted in these cases are that: Pursuant to a petition sent to the Assistant Commissioner of Police, Cubbon Park Police Station, dated 21.12.2013, an inquiry was found to be held. Thereafter, the 2nd respondent Nyamagowda registered two complaints one in Crime No.276/2013 and another in Crime No.22/2014, which is later culminated in CC No.27697/2014. Therefore, the factual matrixes of both the cases are little bit relevant for consideration of the claim of the petitioners herein.

4. A l

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