IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NOs.17009-10 OF 2017 (GM – RES) Between:
1. Dr. K. Senthilnathan, Aged about 54 years, S/o late S.P. Kangasabai, No.1620-A, 16th A Main Road, Annanagar, Chennai – 600 040.
2. M/s. Sridevi Hospital, A proprietary concern, No.1620-A, 16th A Main Road, Annanagar, Chennai – 600 040. Represented by its Proprietor, Dr. K. Senthilnathan. …Petitioners (By Shri. K. Suman, Advocate) And:
M/s. Fortune Group Propstar LLP, No.6, 3rd Floor, Park Road, Shivajinagar, Bengaluru – 560 051. Represented by its Managing Partner, Mr. Mohammed Ghouse Farooq. …Respondent (By Shri. M.G.S. Kamal, Advocate) ---
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India r/w Section 482 of Cr.P.C. praying to quash the endorsement made by the Learned Magistrate dated 13.04.2017 on the Memo filed by the petitioner i.e., Annexure – G; application filed by the petitioners under Section 309 Cr.P.C., i.e., Annexure – G1 and application filed by the petitioners under Section 437 of Cr.P.C. i.e., Annexure – G2 in Criminal Miscellaneous Petition No.8907/2016 as arbitrary, illegal and unjust and etc., These Petitions coming on for orders this day, the Court made the following:-
O R D E R The petitioner is directed to surrender before the trial court, failing which the trial court is free to take recourse to coercive measures in taking his presence. The petition stands disposed of.
Sd/- JUDGE ykl