IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8170/2015 BETWEEN:
Sri. Dilip Vasanth Tangade, S/o. Bhosale Vasanti, Aged about 40 years, R/at No.30, Bhosale Vasti, Kodoli Taluk & District, Satara – 415 004, Maharashtra.
Present Address:
Indraprastha, 4739, Bhagyalakshmi Layout, Near Amarlakshmi Colony, Shamabhajinagar, Taluk & District, Satara – 415 004, Maharashtra. …Petitioner (By Sri. S.G. Rajendra Reddy, Advocate) AND:
State by Excise & Lottery Prohibition, Special Police, Chitradurga, Rept. by S.P.P.
Karnataka High Court, High Court Building, Bengaluru – 560 001. ...Respondent (By Sri. Dildar Shiralli, HCGP) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the Orders passed by the II Addl. District & Sessions Judge, Chitradurga, in Crl.R.P.45/2015 dated 08.10.2015 and also the order passed by the I Addl. Senior Civil Judge & JMFC, Chitradurga, in C.C.No.478/2014 dated 14.07.2015 for the offences p/u/s 32, 34, 43 of Karnataka Excise Act and Sections 143, 147, 272, 420, 468, 471 r/w 149 of IPC This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for petitioner and learned HCGP for respondent.
2. In view of the contention urged by the petitioner that he is neither the Managing Director nor the Director or the employee of the Oasis Alcohol Company Ltd, learned HCGP was directed to ascertain from the records as to whether any material is available in the charge sheet to show that the petitioner at the relevant time was concerned with the said company. On going through the entire material on record, the learned HCGP submits that except the statement of the accused no other material is available on record to show that the petitioner was involved in the said company.
3. In the absence of any material to show that the petitioner was involved in the said company, prosecution of the petitioner for the alleged offence is patently baseless and illegal and hence, prosecution instituted against the petitioner is liable to quashed.
Accordingly, petition is allowed. Prosecution instituted against the petitioner for the alleged offences punishable under Sections 32, 34, 43 of Karnataka Excise Act and Sections 143, 147, 272, 420, 468, 471 r/w 149 of IPC is quashed only insofar as the petitioner is concerned.
Sd/- JUDGE SV