IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6058 OF 2014 BETWEEN:
1. SRI ARUN KUMAR PARASA AGED ABOUT 45 YEARS S/O DR MADHUSUDHANA SWAMY PRESENTLY RESIDENT OF THE PREMISES BEARING NO. 422, C-BLOCK, 2ND FLOOR EMBASSY WOODS, BANGALORE-560 052 2. SRI D N THYAGARAJAN AGED ABOUT 52 YEARS S/O D NARAYANAPPA PRESENTLY RESIDENT OF PREMISES BEARING NO.53, 3RD A CROSS VIJAYALAKSHMI LAYOUT BAGALAKUNTE BANGALORE-560 073 … PETITIONERS (BY SRI: RAGHAVENDRA K, ADVOCATE) AND THE STATE OF KARNATAKA REPRESENTED BY SRI G P RAJAGOPAL ASSISTANT DIRECTOR OF FACTORIES DIVISION NO. 1, 2ND FLOOR KARMIKA BHAVAN, NEAR DIARY CIRCLE BANNERGHATTA ROAD BANGALORE-560009 ... RESPONDENT (BY SRI: NASRULLA KHAN, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 14-11-2013 PASSED IN C.C.NO.557/2013 PENDING BEFORE ADDL.CIVIL JUDGE (JR.DN.) & JMFC, MAGADI,RAMANAGAR DIST., ORDERING PROCESS AGAINST THE PETITIONERS FOR THEIR APPEARANCE IN THE CASE, TO ANSWER THE ACCUSATIONS THAT ARE LEVELLED AGAINST THEM BY THE RESPONDENT IN THE PRIVATE COMPLAINT FILED BY IT AND FURTHER BE PLEASE TO QUASH THE PROCEEDINGS THAT ARE BEING RECORDED IN THE CASE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioner and learned HCGP appearing for the respondent.
Perused the records.
2. The primary contention urged by the learned counsel for the petitioner is that the learned Magistrate has issued summons to the petitioner without taking cognizance of the alleged offences.
3. A reading of the order sheet maintained by the trial court in C.C.No.557/2013 discloses that on receipt of the complaint filed by the Assistant Director of Factories alleging contravention of the provisions of the Factories Act, the learned Magistrate straight away issued summons to the petitioner without taking cognizance of the alleged offence.
The course adopted by the learned Magistrate is contrary to the provisions of Section 200 of Cr.P.C. and therefore, subsequent proceedings conducted by the learned Magistrate being illegal and vitiated, the petition is allowed. The order dated 25.2.2014 directing summons to the petitioner and the subsequent proceedings conducted by the learned Magistrate in C.C.No.557/2013 are quashed.
The matter is remitted to the learned Magistrate to consider the complaint afresh strictly in accordance with Section 200 Cr.P.C. and thereafter proceed in accordance with law. All the contentions urged by the petitioner are left open for consideration at the appropriate stage.
Complainant is directed to appear before the learned Magistrate on 12.6.2019.
Sd/- JUDGE rs