IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01st DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.2806/2016 BETWEEN:
Sri. HariKrishnan R., S/o. late P.V. Ramabadhran, Age about 51 years, General Manager, M/s. Sundaram Finance Limited, No.21, Patullos Road, Chennai – 600 002. …Petitioner (By Sri. V. Ravi Prakash, Advocate) AND:
State by Excise Police Harihara – 577 601. … Respondent (By Sri. Vijayakumar Majage, Addl. SPP for R1; V/o dated 28.04.2016 R2 is deleted) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C. No.73/2003 pending before Civil Judge (Jr. Dvn.) and JMFC at Harihara so far it relates to petitioner herein under the facts and circumstances of the case.
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 No.1.
2. On receipt of summons from the Court of the Civil Judge & JMFC at Harihar, in C.C.No.73/2003, the petitioner has approached this Court seeking to quash the proceedings in C.C.No.73/2013.
3. The said proceedings were initiated based on the seizure made by the Exercise police. 350 cases of liquor were seized on the ground that they were being transported without valid permit. Petitioner herein has been included in the charge sheet solely on the ground that the vehicle in which the alleged liquor was transported was financed by the petitioner.
4. Charge sheet is filed under Sections 32, 34 and 38 (a) of the Exercise Act. There are no allegations that the alleged offence has been committed by the petitioner with the requisite knowledge and intention. In the absence of any such allegation, prosecution of the petitioner for the above offences is illegal and an abuse of process of Court and is liable to be quashed.
Accordingly, petition is allowed. Proceedings in C.C. No.73/2003 pending on the file of Civil Judge (Jr. Dvn.) and JMFC at Harihara are quashed only insofar petitioner/accused No.2 is concerned.
Sd/- JUDGE SV