IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS CRIMINAL PETITION NO.7684 OF 2016 BETWEEN 1 . SRI. L. K. RAJU S/O LATE MUNIRAJU AGED ABOUT 75 YEARS MANAGEMENT OF KRISHNARAJENDRA CHARITABLE TRUST ® BENGALURU PALACE COMPOUND JAYAMAHAL ROAD, OPP: DARGA BENGALURU 560006.
2 . DR. SANTOSH KUMAR ARJUNAGI S/O DR. MALLESHI ARJUNAGI, AGED ABOUT 42 YEARS THE PRINCIPAL INDIAN INSTITUTE OF AYURVEDIC MEDICINE AND RESEARCH BANGALORE PALACE COMPOUND, JAYAMAHAL ROAD, OPP: DARGA BENGALURU 560006.
(BY SRI ABHISHEK MALIPATIL, ADVOCATE) AND STATE BY JOINT DIRECTOR DEPARTMENT OF AYURVEDA, YOGA AND NATUROPATHY, UNANI, SIDDHA AND HOMEOPATHY (AYUSH) ...PETITIONERS MEDICAL EDUCATION DEPARTMENT DHANAVANTHRI ROAD BENGALURU – 560009.
(BY SRI MAHESH SHETTY, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO QUASH THE COMPLAINT DATED 06.12.2012 AGAINST THE PETITIONERS IN C.C. NO.24381/2012 PENDING ON THE FILE OF VIII A.C.M.M., BANGALORE VIDE ANNEXURE-A AND QUASH THE ORDER OF TAKING COGNIZANCE DATED 06.12.2012 PRODUCED AT ANNEXURE-B AND IN C.C.NO.24381/2012 ON THE FILE OF VIII A.C.M.M., BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
Learned counsel for the petitioners has filed a memo dated 06.12.2019 bringing to the notice of this Court that this Court by order dated 10.03.2014 in W.P.Nos.36446-36491/2013 has allowed the writ petitions filed by the Institution, of which the petitioners are the Chairman and Principal.
2. It is submitted that in view of the writ petitions being allowed, the order dated 10.06.2013 passed by the Central Government (AYUSH) whereby permission was denied to conduct BAMS course for the academic year 2012-13 to Krishnarajendra Charitable Trust’s Indian Institute of Ayurvedic Medicine, Bengaluru has been set aside and the admission of the students for the academic year 2012-13 has been regularized.
3. In that view of the matter, the criminal proceedings initiated against the Institution are required to be quashed.
4. Under similar circumstances, this Court in Crl.P.No.5792/2016 by order dated 18.11.2019 had set aside the complaint and further proceedings. Therefore, this petition is disposed of as having become infructuous. The complaint does not sustain in view of the subsequent development and therefore, the same is set aside.
Sd/-
JUDGE DL