HIGH COURT OF KARNATAKA
H.B.PRABHAKARA SASTRY
SMT. NIRMALA – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P/5735/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2021
B E F O R E
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION No.5735 OF 2018
BETWEEN:
SMT. NIRMALA
AGED ABOUT 27 YEARS,
D/O. SRI. NARASIMHA MURTHY,
SOCIETY ROAD,
NAGAMANGALA,
MANDYA DISTRICT-571 432.
...PETITIONER
(BY SRI. RAGHAVENDRA K. ADVOCATE)
AND:
1 . STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
SIRA POLICE STATION,
TUMAKURU DISTRICT,
TUMAKURU,
REPRESENTED BY S.P.P.,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
2 . SRI. H. M. MANJUNATH
SUB-INSPECTOR OF POLICE,
(CIVIL RIGHTS ENFORCEMENT DIRECTORATE),
TUMAKURU DIVISION,
TUMAKURU-572 101.
...RESPONDENTS
(BY SRI ABHIJITH K.S., HCGP FOR R1 )
CRL.P. NO.5735/2018
2
THIS CRL.P IS FILED U/S.482 CR.P.C., PRAYING TO CALL FOR
RECORDS AND QUASH THE FIR FILED IN CR.NO.227/2018 FOR
OFFENCES WHICH ARE MADE PENAL UNDER SECTIONS 196,198,199
AND 420 OF IPC AND SECTION 3(1)(q) OF SC/ST (PREVENTION OF
ATROCITIES) ACT WHICH IS PENDING BEFORE THE III ADDITIONAL
DISTRICT AND SESSIONS JUDGE, TUMAKURU, IN THE ENDS OF
JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING / PHYSICAL HEARING THIS DAY, THE COURT
MADE THE FOLLOWING:-
ORDER
Learned counsel for the petitioner is physically present and
submits that he has filed a memo reporting the death of the
petitioner by virtue of which the petition stands abated.
2.
Perused the memo dated 22.02.2021 where it is
stated that the copy of the death certificate of the petitioner is
appended. A perusal of the photocopy of the death certificate
goes to show that one Smt. Nirmala wife of Niranjan is said to
have died on 08.07.2020.
3.
Learned counsel for the petitioner submits that
petitioner Smt. Nirmala has undergone second marriage
CRL.P. NO.5735/2018
3
marrying one Sri Niranjan as such, her husband’s name is shown
as Niranjan in the death certificate.
4.
Learned HCGP for respondent No.1 submits his no
objection to accept the memo and death certificate and to treat
the petition as abated.
In view of the above, the petition stands abated.
Sd/-
JUDGE
sac*
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