IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.2293/2013 BETWEEN:
1. Sri. M. Arun, Director, M/s. Kaleshwari Refineries Pvt. Ltd., No.2, Antharasanahalli Industrial Area, Tumkur – 572 106.
2. Sri. Sanjay Tulsian, Factory Manager, M/s. Kaleshwari Refineries Pvt. Ltd., No.2, Antharasanahalli Industrial Area, Tumkur – 572 106. …Petitioners (By Sri. Aruna Shyam M., Advocate) AND:
The State of Karnataka, At the instance of Sri. K.N. Shariff Ahmed, Assistant Director of Factories, Tumkur Division, St. Mary’s School Road, Gandhi Nagar, Tumkur – 572 102, Represented by its State Public Prosecutor, High Court Buildings, 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 entire proceedings in C.C.No.3585/2012 on the file of the I Addl. Civil Judge & J.M.F.C-II, Tumkur and all further proceedings pursuant thereto.
This Criminal petition coming on for Hearing, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioners. Perused the records.
2. Petitioners have sought to quash the proceedings in C.C.No.3585/2012 on the file of the I Addl. Civil Judge & JMFC-II, Tumkur.
3. When the matter is taken up for hearing, learned counsel for the petitioners has produced copy of the orders passed in C.C.No.3585/2012, which discloses that the said proceedings have ended in conviction of both the petitioners. The relevant order dated 27.04.2017 passed by the I Addl. Civil Judge & JMFC, Tumkur, reads as under:
“Accordingly, acting u/s.252 of Cr.P.C. the accused No.1 and 2 are hereby convicted for the offence punishable U/s 92 of Factories Act 1948 and sentenced to pay fine of Rs.6,000/- each. In default of payment of fine, the accused No.1 and 2 shall undergo simple imprisonment for a period of one month.”
In view of this order, nothing further survives for consideration in this petition. Accordingly, petition is dismissed.
Sd/- JUDGE SV