IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7411/2018 BETWEEN:
GRAPHITE INDIA LIMITED VISVESWARAYA INDUSTRIAL AREA, MAHADEVPURA POST, BANGALORE-560048 REP. BY SENIOR MANAGER FINANCE MR. AJITH NAIR, S/O. R.BALAKRISHNAN NAIR, AGED 53 YEARS, R/O. A303, JEEVANSANSKRUTHI APARTMENTS, MARATHALLI, BANGALORE-560 037 (BY SRI.SANJAY YADAV B, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY MAHADEVPURA POLICE STATION, REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001 2. SRI. MICHAEL A AGED ABOUT 45 YEARS, RxDx HEALTHCARE WHITEFIELD, GROUND FLOOR, PLOT NO.7G, OPP. GRAPHITE INDIA, ... PETITIONER WHITEFIELD, EPIP ZONE, BENGALURU, KARNATAKA-560048 ... RESPONDENTS (BY SRI.S.RACHAIAH, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS PETITION IS FILED UNDER 482 CR.P.C. PRAYING TO QUASH THE REGISTRATION OF FIR AGAINST THE PETITIONER IN CRIME NO.455/2018 OF 1ST RESPONDENT MAHADEVPURA POLICE STATION PENDING BEFORE THE 43 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought for quashing of the proceedings pending in Crime No.455/2018 registered by Mahadevapura Police Station for the offence punishable under Section 188 of IPC on the file of XLIII Addl. Chief Metropolitan Magistrate, Bangalore.
2. Having heard Sri.Sanjay Yadav, learned counsel appearing for petitioner and Sri.S.Rachaiah, learned HCGP appearing for first respondent-State, this Court is of the considered view that petitioner is entitled to relief sought for, for the following reasons:
According to second respondent–complainant the consent obtained from the Karnataka State Pollution Control Board had expired and as such, petitioner is not entitled to run the factory. It is also alleged that petitioner is a red category industry, which is highly hazardous and as such, a complaint came to be lodged before the Mahadevpura Police Station, based on which FIR in Cr.No.455/2019 has been registered against the petitioner for the offence punishable under Section 188 of IPC.
3. A bare reading of FIR registered against petitioner would indicate that for an offence punishable under Section 188 of IPC, same has been registered. Under Section 195(1(a)(i) of Cr.P.C. no Court shall take cognizance of any offence under Sections 172 to 188 (both inclusively), except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. In the instant case, complaint which has been filed is by the second respondent, a private citizen and who undisputedly is not a public servant and as such, proceedings against petitioner cannot be continued. However, it is needless to state that in the event of competent authority intend to initiate proceedings against petitioner for any violation, they would be at liberty to do so in accordance with law.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings in Crime No.455/2018 registered against petitioner by Mahadevpura Police Station for the offence punishable under Section 188 of IPC pending on the file of XLIII Addl. Chief Metropolitan Magistrate, Bangalore, is hereby quashed.
(iii) Competent Authority/Officer would be at liberty to initiate appropriate proceedings against the petitioner in accordance with law as observed herein above.
Sd/- JUDGE DR