IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS CRIMINAL PETITION NO.2609 OF 2013 BETWEEN 1 . KISHORE BIYANI S/O LAXMINARAYANA BIYANI AGED 60 YEARS R/AT NO 46 JEEVAN VIHAR MANAV MANDIR ROAD MUMBAI 400 006 2 . GOPIKISHAN BIYANI S/O LATE BANSILAL BIYANI AGED 74 YEARS R/AT NO 304 JEEVAN VIHAR MANAV MANDIR ROAD, MUMBAI 400 006 3 . RAKESH BIYANI S/O GOPIKISHAN BIYANI AGED 48 YEARS R/AT NO 304, JEEVAN VIHAR MANAV MANDIR ROAD MUMBAI 400 006 4 . SHAILESH HARIBHAKTI S/O VISHNUBHAI HARIBHAKTHI AGED 64 YEAS R/AT FLAT NO 228 M B WING, KALPATARU HABITAT DR S.S. RAO ROAD PAREL EAST, MUMBAI 400 012 5 . S DORESWAMY S/O DR D V S RAO AGED 83 YEARS R/AT NO D 1, 503, WHITE HOUSE APARTMENTS 5TH FLOOR 6TH MAIN R T NAGAR, BANGALORE 32 6 . DARLIE KOSHY S/O D M HARISH AGED ABOUT 65 YEARS R/AT NO 1407 TOWER NO. 2 ARCHID PETALS SOHNA ROAD, SECTOR 49, GURGOAU NCR 122 002 7 . ANIL HARISH S/O D M HARISH AGED 66 YEARS R/AT NO 13, CCI CHAMBERS, I FLOOR, DINSHAM WACHA MARG CHURCHGATE, MUMBAI 400 020 8 . BALA DESHPANDE W/O CHAITANYA DESHPANDE AGED 54 YEARS R/AT FLAT NO 501, 5TH FLOOR, KUKREJA HEIGHTS NEAR RISHI KAPOORS BUNGLOW PALI HILL BHANDRA WEST MUMBAI 400 050 9 . VIJAY KUMAR CHOPRA S/O KRISHAN KUMAR AGED 74 YEARS R/AT NO A 4, HARMONY TOWER DR. E MASES ROAD, WARLI MUMBAI 400 018 10 . VIJAY BIYANI S/O LAXMINARAYANA BIYANI AGED 61 YEARS R/AT NO 305 JEEVAN VIHAR MANAV MANDIR ROAD MUMBAI 400 006 11 . KAILASH BHATIA S/O MAHESHANAD BHATRA AGED 64 YEAS R/AT NO 2603, ODYSSES II HIRANANDANI GARDEN PAWANI, MUMBAI 400 006 12 . PREETH S/O NARAYAN AGED 42 YEARS OCC: MANAGER M/S. FUTURE VALUE RETAIL LTD., BHARATH MALL, BEJAI, MANGALORE 578 274 13 . M/S. FUTURE VALUE RETAIL LTD., BHARATH MALL, BEJAI MANGALORE 578 274 REP BY TIS SECRETARY KULDEEP R SHARMA 14 . FUTURE CONSUMER ENTERPRISES LIMITED, KNOWLEDGE HOUSE SHYAMNAGAR, JOGESHWARI (EAST) MUMBAI 400 060 REPREENTED BY ITS AUTHORIZED SIGNATORY ARUN GUPTA (BY SRI C H JADHAV, SENIOR COUNSEL & SRI HARSHA M, ADVOCATE FOR SRI P PRASANNA KUMAR, ADVOCATE) AND STATE OF KARNATAKA BY INSPECTOR OF LEGAL METROLOGY SUB DIVISION, MANGALORE REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560 001 (BY SRI MAHESH SHETTY, HCGP) ...PETITIONERS …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 16.02.2012 PASSED BY THE J.M.F.C.(II COURT), MANGALORE IN C.C.NO.528/2012 THEREBY TAKNG COGNIZANCE OF OFFENCES PUNISHABLE UNDER SECTIONS 36(1) AND 31 OF LEGAL METROLOGY ACT, 2009 AGAINST THE PETITIONERS AND THE ORDER DATED 04.03.2013 PASSED BY II ADDL. DIST. & S.J., DAKSHINA KANNADA, MANGALORE IN CRL.R.P.NO.77/2012.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
Though the matter is listed for “Hearing- Interlocutory Application”, with the consent of the learned counsel on both sides, the mater is heard and disposed of finally.
2. In view of the co-ordinate Bench allowing the Criminal Petitions in Crl.P.Nos.2605/2013 and three connected matters pertaining to the very same petitioners, this Court is of the considered opinion that this petition is also required to be allowed in terms of the order passed in Crl.P.Nos.2605/2013 and connected matters. The co-ordinate bench has held that the petitioners (except petitioner No.4) are not the directors of petitioner No.14 company. Therefore, the petitioners are not liable for criminal prosecution.
3. Hence, the following order :-
Criminal Petition is allowed-in-part. Proceedings pending on the file of JMFC-II, Mangaluru in C.C.No.528/2012, is quashed insofar as the petitioners herein (except petitioner Nos.4 and 14) are concerned. Proceedings shall continue against petitioner No.4 and 14 in accordance with law.
Sd/- JUDGE DL