IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8051 OF 2015 BETWEEN:
1. SRI. YOGESH S/O LATE P.H.ESHWARAPPA, AGED ABOUT 36 YEARS, R/AT NO.297, 1ST MAIN ROAD, RTO OFFICE OPPOSITE YESHWANTHAPURA, BANGALORE-560 022.
2. SRI LINGARAJU S/O SATAPPA, AGED ABOUT 24 YEARS, C/O YOGESH, R/AT NO.297, 1ST MAIN ROAD, RTO OFFICE OPPOSITE YESHWANTHAPURA, BANGALORE-560 022.
... PETITIONERS (BY SRI: DHARMAPAL, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPT. BY THE INSPECTOR OF POLICE, BYAPPANAHALLI POLICE STATION, BYAPPANAHALLI, BENGALURU-38.
2. SRI.K.N.YESHAVANTHA KUMAR POLICE INSPECTOR C.C.B.(CHEATING & MISAPPROPRIATION SQUAD) N.T.PET, BANGALORE-2.
... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.221/2015 DATED 24.06.2015 REGISTERED AGAINST THE PETITIONERS BY THE BYAPPANAHALLI POLICE, BANGALORE FOR THE OFFENCES UNDER SECTIONS 420, 465, 468 OF IPC, UNDER SECTION 115(2) OF THE CENTRAL MOTOR VEHICLES RULES 1989, UNDER SECTION 177 OF INDIAN MOTOR VEHICLES ACT 1988, SEC.231(B)(10) OF KARNATAKA MOTOR VEHICLE RULES 1989, UNDER SECTION 15 OF ENVIRONMENT (PROTECTION) ACT 1986.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and perused the petition.
The petitioners have sought to quash the FIR registered against them in Cr.No.221/2015 for the offences under Sections 15 of Environment(Protection) Act, 1986, Section 177 of Indian Motor Vehicles Act, 1988, Sections 420, 465, 468 of Indian Penal Code, Section 115(2) of Central Motor Vehicles Rules, 1989 and Section 231(B) (10) of Karnataka Motor Vehicle Rules, 1989.
2. A suo-motu complaint was filed by the Inspector of Police-CCB(Fraud and Misappropriation), Bengaluru. The allegation made against the petitioners is that on credible information, M/s. Green City Emission Testing Centre, Bengaluru run by the petitioners was raided and emission testing machines were seized and it was ascertained that by using unauthorized software, the petitioners herein were issuing false emission testing reports to the customers.
3. Having regard to the prima-facie material collected by the Investigating agency, it cannot be said that the prosecution launched against the petitioners is false and frivolous or abuse of process of Court. In the wake of allegations levelled against the petitioners and the nature of the evidence available in proof thereof, I do not find any justifiable reason to quash the proceedings.
Accordingly, the petition is dismissed. Liberty is reserved to the petitioners to seek for their discharge on such grounds available under law before the trial Court.
In view of dismissal of the main matter, I.A.No.1/15 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-