IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6640/2014 C/W CRIMINAL PETITION NO.6641/2014 IN CRL.P.NO.6640/2014 BETWEEN SRI ASHOK S. JIVARGI, AGED ABOUT 58 YEARS, FORMER EX-OFFICIO, BOARD OF DIRECTOR, K.F.D.C. GOVT. OF KARNATAKA, ROOM NO. 203/203/A, 3RD FLOOR, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. ... PETITIONER (BY SRI ASHOK MESTA, ADV. FOR SRI SAMPAT ANAND SHETTY, ADV.) AND 1. STATE OF KARNATAKA BY VIDHANA SOUDHA POLICE STATION, REPRESENTED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001.
2. SRI D.EKANATH AGED ABOUT 64 YEARS, S/O LATE T.DEVOJI RAO, RETIRED MARKETING MANAGER, (INCHARGE OFFICER), K.F.D.C. LTD., NEAR K.R.CIRCLE, OPP. CENTURY CLUB, CUBBON PARK, BANGALORE-560 002. ... RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP II FOR R1, SRI J.G.CHANDRAMOHAN, ADV. FOR R2 – ABSENT.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDE DATED:16.10.14 PASSED BY THE VIII ADDL.C.M.M., BANGALORE IN C.C.NO.1675/14 WHEREBY THE MAGISTRATE WITH A GROSS ABUSE OF THE PROVISION CONTAINED UNDER THE CODE OF CRIMINAL PROCEDURE PROCEEDED TO ISSUE A NON BAILABLE WARRANT AGAINST THE PETITIONER HEREIN.
IN CRL.P.NO.6641/2014 BETWEEN SRI H S VEERAPPA GOWDA, AGED ABOUT 56 YEARS, FORMER EX-OFFICIO, BOARD OF DIRECTOR, K.F.D.C, GOVT. OF KARNATAKA, 3RD FLOOR, PODIUM BLOCK, V.V. TOWER, DR. AMBEDKAR VEEDHI, BANGALORE - 560001. ... PETITIONER (BY SRI ASHOK MESTA, ADV. FOR SRI SAMPAT ANAND SHETTY, ADV.) AND 1. STATE OF KARNATAKA BY VIDHANA SOUDHA POLICE STATION, REPRESENTED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001.
2. SRI D.EKANATH AGED ABOUT 64 YEARS, S/O LATE T.DEVOJI RAO, RETIRED MARKETING MANAGER, (INCHARGE OFFICER), K.F.D.C. LTD., NEAR K.R.CIRCLE, OPP. CENTURY CLUB, CUBBON PARK, BANGALORE-560 002. ... RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP II FOR R1, SRI J.G.CHANDRAMOHAN, ADV. FOR R2 – ABSENT.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:16.10.14 PASSED BY THE VIII ADDL.C.M.M., BANGALORE IN C.C.NO.1675/14 WHEREBY THE MAGISTRATE WITH A GROSS ABUSE OF THE PROVISIONS CONTAINED UNDER THE CODE OF CRIMINAL PROCEDURE PROCEEDED TO ISSUE A NON BAILABLE WARRANT AGAINST THE PETITIONER HEREIN.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard learned counsel for the petitioners and the learned SPP-II for respondent no.1. Counsel for respondent no.2 served and unrepresented. Perused the petitions.
2. The learned counsel for the petitioners submits that in respect of the very same CC No.1675/14, four other accused had approached this Court in Criminal Petition No.4921/14 and connected matters and, by orders dated 17.12.2018, the proceedings initiated against the said petitioners are quashed on the ground that the subject matter of the complaints were purely within the jurisdiction of administrative authorities. The grievance of the complainant is that the Corporation has converted his commuted leave to earned leave. The petitioner herein is arraigned as co-accused in his capacity as former Ex- officio, Board of Directors, Karnataka Fisheries Development Corporation Ltd., of Government of Karnataka.
3. Since common allegations are made against the present petitioners, following the above decision, the petitions are allowed. The proceedings initiated against the petitioners in CC No.1675/14 on the file of VIII Addl. CMM, Bengaluru, are quashed.
4. In view of disposal of these petitions, all pending interim applications do not survive for consideration and they stand disposed of.
Sd/- JUDGE Sk/- CT-HR