IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4415 OF 2016 BETWEEN:
1 SRI. BALRAM SINGH YADAV [MAJOR] MANAGING DIRECTOR M/S. GODREJ TYSON FOODS LIMITED SY.NO.77/1, 83/1 & 84/1, JANGAMANAKOTE ROAD DODDAHULLUR VILLAGE HOSAKOTE BANGALORE [R] PIN: 562 114 2 SRI. M.V. ANAND [MAJOR] M/S. GODREJ TYSON FOODS LIMITED FACTORY MANAGER SY.NO.77/1, 83/1 & 84/1, JANGAMANAKOTE ROAD DODDAHULLUR VILLAGE HOSAKOTE BANGALORE [R] PIN: 562 114 …PETITIONERS (BY SRI. PRADEEP KUMAR J., ADVOCATE) AND:
STATE OF KARNATAKA AT THE INSTANCE OF MR. NARASIMHA MURTHY S.A., SENIOR ASSISTANT DIRECTOR OF FACTORIES [AN INSPECTOR APPOINTED UNDER SECTION 8[1] OF THE FACTORIES ACT, 1948] BANGALORE, DIVISON – 10, KARMIKA BHAVANA, II FLOOR, DIARY CIRCLE, BANNERGATTA ROAD, BANGALORE – 560 029 ...RESPONDENT (BY SRI. VIJAYA KUMAR MAJAGE, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AT ANNEXURE-J AND THE ORDER DATED 17.02.2014 TAKING COGNIZANCE OF OFFENCE ALLEGED IN C.C. NO.258/2014 AS PER ANNEXURE-A ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, HOSKOTE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioners and learned Additional SPP appearing for respondent. Perused the records.
2. Though learned counsel for petitioners has urged contentions on merits, yet on going through the order sheet maintained by the trial Court, it is noticed that on receipt of private complaint by Senior Assistant Director of Factories, file was put up for orders of learned Magistrate. Office note put up by office reads as under:
“Provision of Law: u/s. 200 Cr.P.C. Advocate for complainant Sri. Smt. APP Date of filing Date of registration 17/2/2014 Relief cognizances taken u/s.
190 1A of Cr.P.C. registered the same in No. as CC issue SS of NBW to the accused and returnable by Date of cause of action 8/11/2013.
Subsequent order sheet reads:
22.04.2014 Issue SS to the accused by 29/11 Sd/-”
3. The above order sheet indicates that without even taking cognizance of alleged offence, learned Magistrate has issued summons to petitioners contrary to sections 190 and 200 of Cr.PC. As a result, the impugned order dated 22.04.2014 and consequent proceedings on the file of Principal Civil Judge and JMFC, Hoskote, Bengaluru Rural, are liable to be quashed.
4. Accordingly, petition is allowed.
The order dated 22.04.2014 and all subsequent proceedings on the file of Principal Civil Judge and JMFC, Hoskote, Bengaluru Rural, are quashed. The matter is remitted to learned Magistrate to consider the complaint afresh, in accordance with law.
Sd/- JUDGE AN/-