- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE S.N.SATYANARAYANA. CRIMINAL PETITION No.1413/2014
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1 - 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE BETWEEN: DATED THIS THE 25 TH DAY OF APRIL 2014 BEFORE THE HON BLE MR.JUSTICE S.N.SATYANARAYANA CRIMINAL PETITION No.1413/ Mr. RAJESH ANAND PROJECT DIRECTOR, BSNL PROJECT INDIA COOPERATIVE PVT LTD., TOWER-A SPAZE I-TECH PARK, SOHNA ROAD SECTOR-49, GURGAON HARYANA 2. Mr. MITHLESH SINGH PROJECT MANAGER BSNL PROJECT 3. Mr. CHENWANMEN (WILLIAMS)
2 Mr. YANGKAITENG (ROCK) REGD OFF AT 7TH FLOOR 5. Mr. RAJESH SINGH, REGD OFF AT 7TH FLOOR 6. Mr. ATUL DATTA HUAWEI FINANCE 7. Mr. HARVINDER KUMAR SAINI O&M DIRECTOR, BSNL PROJECT
3 Mr. A M RAMESH PROJECT MANAGER, BSNL PROJECT CO. INDIA PVT LTD CRESCENT-4, 2 ND FLOOR IPTL PRESTIGE SHANTHINIKETAN MAHADEVAPURA POST WHITEFIELD BNGALORE Mr. A. JACOB KINGSTON PROJECT MANAGER, BSNL PROJECT CO. INDIA PVT LTD 8TH FLOOR THE OVAL TOWER NOs.10 & 12 VENKATANARAYANA RAOAD T. NAGAR, CHENNAI TAMIL NADU 10. Mr. VIJAY MOHAN G O&M MANAGER, BSNL PROJECT CO., INDIA PVT LTD CRESCENT-4, 2ND FLOOR IPTL PRESTIGE SHANTHI NIKETAN MAHADEVAPURA POST WHITEFIELD BANGALORE Mr. RAMESH S PROJECT LEAD, BSNL PROJECT CO INDIA PVT LTD CRESCENT-4, 2ND FLOOR IPTL PRESTIGE SHANTHI NIKETAN
4 - 4 - MAHADEVAPURA POST WHITEFIELD BANGALORE PETITIONERS (By Sri : SOMNATH H S., ADV.,) AND 1. M/s. ESSPEE INFRASTRUCTURE HAVING ITS BRNCH OFFICE AT No.69 S M JAIN COMPLEX GANDHIBAZAR SHIMOGA, KARNATAKA REPRESENTED BY ITS PARTNER Mr. PRADEEP M JAIN AGED ABOUT 39 YEARS SON OF LATE S M JAIN 2. STATE OF KARNATAKA BY KOTE POLICE STATION KOTE CIRCLE, SHIMOGA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 01 (By Sri: S.N. SAMEER, ADV., FOR R1 SRI B.J. ESWARAPPA, HCGP., FOR R2)... RESPONDENTS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE COMPLAINT DATED FILED BY THE RESPONDENT NO.1/COMPLAINANT BEFORE THE LRD. PRL. C.J. (SR.
5 - 5 - DN.) AND C.J.M., SHIMOGA IN PCR No.15/2014 AND PASS AN ORDER QUASHING THE FIR No.28/2014 DATED REGISTERED IN KOTE P.S., SHIMOGA. THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Accused Nos.1 to 11 in PCR No.15/2014 pending on the file of Chief Judicial Magistrate, Shimoga, have come up in this petition seeking quashing of the private complaint filed by 1 st respondent herein with 2 nd respondent Kote Police Station, Shimoga, for the offences punishable under Sections 339, 341, 350, 417, 420, 426 and 427 read with Section 34 of IPC. 2. Admittedly, the private complaint is registered in Crime No.28/2014 with Kote Police Station coming within the jurisdiction of Chief Judicial Magistrate, Shimoga. It is stated that the investigation is going on into the alleged offences against accused Nos.1 to 11 petitioners herein. When things stood thus, even before the investigation could be completed and investigating
6 - 6 - agency could decide as to whether a prima facie case is made out against accused Nos.1 to 11 or not, the present petition is filed seeking quashing of the complaint. This criminal petition filed seeking quashing of the PCR No.15/2014 appears to be premature. 3. In that view of the matter, the petition filed by petitioners under Section 482 Cr.P.C., does not merit admission. Accordingly, petition is dismissed reserving liberty to petitioners to challenge the report to be filed by Kote Police, Shimoga, after completing investigation. Sd/- JUDGE sma
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