Criminal Petition No. 9841 of 2017 · The High Court
Case Details
- 1 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 9841 OF 2017 C/W CRIMINAL PETITION NO. 9842 OF 2017 CRIMINAL PETITION NO. 9843 OF 2017 CRIMINAL PETITION NO. 9844 OF 2017 IN CRL.P NO.9841/2017 BETWEEN:
Legal Reasoning
1. SRI. R. BALAJI, AGED ABOUT 48 YEARS, S/O RAJU J, NO.3108, NEAR KRISHNA TEMPLE, VHBCS 4TH PHASE LAYOUT, GIRINAGAR, BENGALURU - 560 085. Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA 2. SRI. SUNIL KUMAR T.S, S/O SANJEEVE GOWDA, AGED ABOUT 34 YEARS, NO.9, 1ST MAIN ROAD, SIDDAGANGAPPA BUILDING, THYAGARAJANAGAR, BENGALURU - 560 028. 3. SRI. ROBALDO, S/O H.B. SALINS, AGED ABOUT 36 YEARS, NO.128, 3RD BLOCK, THYAGARAJANAGAR, BENGALURU - 560 028. - 2 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 4. SRI. KEMPE GOWDA, S/O NARAYANA GOWDA, AGED ABOUT 24 YEARS, 11/12,18TH MAIN,50 FT ROAD, MUNESHWARA BLOCK, BENGALURU - 560 026. 5. SRI. G. DINESH KUMAR, S/O GOVINDA SWAMY, AGED ABOUT 38 YEARS, 4191, SEETHA CIRCLE, VHBCS 4TH PHASE LAYOUT, GIRINAGAR, BENGALURU - 560 085. (BY SRI. RENY SEBESTIAN, ADVOCATE) AND: …PETITIONERS 1. STATE OF KARNATAKA BY GIRINAGAR POLICE, GIRINAGAR, BENGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. SRI. T.N. THIMMARAJACHAR, SON OF LATE NARASIMHACHAR, NO.491,14TH MAIN,1ST CROSS SBM COLONY, SRINIVASA NAGAR BENGALURU - 560 050. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. RAMAMURTHY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR - 3 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 POLICE STATION, FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC. IN CRL.P NO. 9842/2017 BETWEEN: 1. SMT. VIJAYALAKSHMI GOPAL (EX DIRECTOR VISHWABHARATHI HBCS) W/O B.N. GOPAL, MAJOR IN AGE, RESIDING AT NO. 989, 11TH CROSS, 2ND MAIN, SBM COLONY, BSK 1ST STAGE, BENGALURU - 560 050. 2. SRI. BYRAIAH, (EX DIRECTOR VISHWABHARATHI HBCS) S/O. LATE. MUDALINGAIAH, AGED ABOUT 58 YEARS, RESIDING AT NO. 249/S (NEW), 255, 2ND-C-CROSS, 1ST PHASE, ADDITIONAL, GIRINAGAR, BENGALURU - 560 085. 3. MR. N. MANJUNATH (EX DIRECTOR VISHWABHARATHI HBCS) AGED ABOUT 51 YEARS, S/O. LATE. NAGARAJ, RESIDING AT NO. 252, 3RD CROSS, DOLLARS COLONY, AFTER CHINMAYA MISSION, BTM LAYOUT, 2ND STAGE, BENGALURU - 560 076. 4. SMT. B. SHAKUNTALA, (EX VICE PRESIDENT VISHWABHARATHI HBCS) W/O. B.N. RAJU, AGED ABOUT 65 YEARS, RESIDING AT NO. 638, - 4 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 10TH-B-MAIN, 31ST CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU - 560 011. 5. SRI. D.M. NANDA KISHORE, (EX DIRECTOR VISHWABHARATHI HBCS), S/O. D.B. MADAN GOPAL, AGED ABOUT 58 YEARS, RESIDING AT NO. 1661/49, 5TH CROSS, BSK 1ST STAGE, BENGALURU - 560 050. 6. SRI. LAKSHMAN R , (EX DIRECTOR VISHWABHARATHI HBCS) S/O. RAJA RAO, AGED ABOUT 59 YEARS, RESIDING AT NO. 83, GURUKRUPA, E.A.T ROAD, BASAVANAGUDI, BENGALURU - 560 004. 7. SRI. SEETHARAM PRASAD P, (EX DIRECTOR VISHWABHARATHI HBCS) S/O. P SATHYANARAYANA, AGED ABOUT 48 YEARS, RESIDING AT NO. 57/B, 6TH MAIN, 1ST CROSS, HANUMANTHANAGAR, BENGALURU - 560 019. 8. SMT. M.S. SHANTALA, (EX DIRECTOR VISHWABHARATHI HBCS) W/O. A.R. DEVABHANU, AGED ABOUT 44 YEARS, RESIDING AT NO. 405, 2ND STAGE, 7TH MAIN, A-BLOCK, MALLESHWARAM WEST POST, BENGALURU - 560 055. - 5 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 9. SRI. NARAYANA, (EX DIRECTOR VISHWABHARATHI HBCS) S/O. VENKATAPPA, AGED ABOUT 72 YEARS, RESIDING AT NO. 42, 15TH MAIN, GIRINAGAR 2ND PHASE, KASTURBA COLONY, BENGALURU - 560 085. 10. SRI. N. VINAY, (EX DIRECTOR VISHWABHARATHI HBCS) S/O. LATE. S NAGARAJA RAO, AGED ABOUT 45 YEARS, RESIDING AT NO. 15, 6TH-A-MAIN, 4TH CROSS, J.P. NAGAR, III PHASE, BENGALURU - 560 078. 11. MR. Y.A. SUDHAKAR BABU, (EX DIRECTOR VISHWABHARATHI HBCS) S/O Y.A. ASHWATHNARAYAN RAO, AGED ABOUT 55 YEARS, RESIDING AT SHANKARPURAM, OPP. SHANKARPURAM POLICE STATION, BENGALURU - 560 004. (BY SRI. RENY SEBESTIAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GIRINAGAR POLICE, BENGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. T.N. THIMMARAJACHAR, SON OF LATE NARASIMHACHAR, …PETITIONERS - 6 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 NO. 491, 14TH MAIN, 1ST CROSS, SBM COLONY, SRINIVASA NAGAR, BENGALURU - 560 050. (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. RAMAMURTHY, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC. IN CRL.P NO. 9843/2017 BETWEEN: 1. SRI. H. V. VADHIRAJ, (EX SECRETARY, VISHWABHARATHI HBCS) AGED ABOUT 40 YEARS, S/O LATE VAMANA H.V, RESIDING AT SHRI. HAYAGREEVA, NO.178 (11), 11TH MAIN, HANUMANTHANAGAR, BENGALURU - 560 019. 2. SRI. K. JAYARAM, AGED ABOUT 75 YEARS, S/O LATE K. KRISHNAMURTHY, EX-PRESIDENT, VISHWABHARATHI HBCS LTD., NO.891, "ANUGRAHA", 2ND MAIN, MANJUNATHASWAMY TEMPLE ROAD, SBM COLONY, BENGALURU - 560 050. (BY SRI. RENY SEBESTIAN, ADVOCATE) …PETITIONERS - 7 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 AND: 1. STATE OF KARNATAKA BY GIRINAGAR POLICE, BENGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. T.N. THIMMARAJACHAR, SON OF LATE NARASIMHACHAR, NO. 491, 14TH MAIN 1ST CROSS, SBM COLONY, SRINIVASA NAGAR, BENGALURU - 560 050 (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. RAMAMURTHY, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF REFERENCE, PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC. IN CRL.P NO.9844/2017 BETWEEN: 1. SRI. K. R. SATHYANARAYANA, S/O K. RAMASWAMY AGED ABOUT 56 YEARS, R/A NO.905/85, 4TH MAIN, 5TH CROSS, VIDYARANYAPURAM, MSYORE - 570 008. 2. SMT. DAKSHAYINI, W/O SRI. K.R. SATHYANARAYANA, - 8 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 MAJOR IN AGE, R/A NO.905/85, 4TH MAIN, 5TH CROSS, VIDYARANYAPURAM, MYSORE - 570 008. …PETITIONERS (BY SRI. RENY SEBASTIAN.,ADVOCATE) AND 1. STATE OF KARNATAKA BY GIRINAGAR POLICE, BENGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. T.N. THIMMARAJACHAR, SON OF LATE NARASIMHACHAR, NO. 491, 14TH MAIN 1ST CROSS, SBM COLONY, SRINIVASA NAGAR, BENGALURU - 560 050 (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. RAMAMURTHY, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 9 - NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017 COMMON ORDER Today also the counsel for the petitioners requests for an adjournment, this Court has categorically observed on 13.03.2024 that if arguments are not advanced, the petition would be liable to be dismissed. As such, the petitions stand dismissed for non-prosecution. Sd/- JUDGE GJM List No.: 1 Sl No.: 14 CT: BHK