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1 in the High Court of Karnataka at Bengaluru Dated This the 8Th Day of February 2016 Before the Hon'ble Mr.Justice Pradeep D

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1 in the High Court of Karnataka at Bengaluru Dated This the 8Th Day of February 2016 Before the Hon'ble Mr.Justice Pradeep D 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY 2016 BEFORE THE HON’BLE MR.JUSTICE PRADEEP D. WAINGANKAR CRIMINAL PETITION NO.5826/2013 C/W CRIMINAL PETITION NO.5363/2013 IN CRIMINAL PETITION NO.5826/2013 BETWEEN:- 1. PREM KUMAR S/O THAMMAYANNA @ BYRANNA AGED ABOUT 32 YEARS R/AT. IMMADIHALLI, WHITEFIELD BANGALORE-560 064. 2. GAFFAR BAIG S/O LATE ABDUL BAIG AGED ABOUT 40 YEARS R/AT. NO 180, WHITEFIELD MAIN ROAD WHITEFIELD, BANGALORE-560 066. ... PETITIONERS (BY SRI: ANANDEESWARA D.R, ADV.,) AND:- 1. THE STATE OF KARNATAKA BY C.C.B. POLICE BANGALORE. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001. 2 2. SRI. PRAVEEN KUMAR S/O P G PRASANNA KUMAR AGED ABOUT 27 YEARS R/AT. No.9, ITI NARAYANAPPA BUILDING BELLATUR, KADUGODI BANGALORE-560 067. ... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP R1 NOTICE TO R2 IS DISPENSED V/O/DT:18/1/2016) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED IN C.C.NO.29900/2010 PENDING ON THE FILE OF THE I A.C.M.M., BANGALORE, IN SO FAR AS THE PETITIONERS ARE CONCERNED I.E. ACCUSED NO.11 AND 12 RESPECTIVELY REGISTERED FOR THE OFFENCES P/U/S 323,420,506 R/W 34 OF IPC. IN CRIMINAL PETITION NO.5363/2013 BETWEEN:- D. HEMANTHKUMAR S/O S.R. DHANARAJULU AGED ABOUT 42 YEARS R/O GURUBASANNA LAYOUT NEAR ANJINEYA TEMPLE STREET IMMADIHALLI VILLAGE WHITE FIELD, BANGALORE-560 064. ... PETITIONER (BY SRI: ANANDEESWARA D.R, ADV.,) AND:- 1. THE STATE OF KARNATAKA BY C.C.B. POLICE, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001. 3 2. SRI. PRAVEEN KUMAR S/O P.G. PRASANNA KUMAR AGED ABOUT 27 YEARS R/AT. NO.9, ITI NARAYANAPPA BUILDING BELLATUR, KADUGODI BANGALORE – 560 067. ... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O/DT:22/1/2016) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS INITIATED IN C.C.NO.29900/2010 ON THE FILE OF THE I ADDL. C.M.M., BANGALORE, IN SO FAR AS THE PETR. IS CONCERNED REGISTERED FOR THE OFFENCES P/U/S 323,420,506 R/W 34 OF IPC. THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:- O R D E R The petitioners who are accused Nos.9, 11 and 12 have filed these petitions under Section 482 of Cr.P.C. to quash the proceeding initiated against them in C.C.No.29900/2010 on the file of the I Addl. Chief Metropolitan Magistrate, Bangalore. 2. One Praveen Kumar lodged a complaint Before the Indiranagar police station on 21.11.2009, wherein it is stated that his friend one Jijo was working as driver of 4 Managing Director of M/s JBJ City Developers, who are dealing in real estate i.e., sale of sites. Tempted By the statement made By the Jijo, he also approached the Directors of M/s JBJ City Developers namely Manivannan and Shivakumar for the purchase of the site. He paid a sum of Rs.3,99,000/- for the purchase of a site. He was issued with a receipt By Manivanna and Shivakumar and he was told that if he comes after one week they would show him a site. After one month, when he approached Manivannan and Shivakumar along with receipt, they threatened him of dire consequences. He lodged a complaint against Manivannan, Shivakumar and others. The complaint came to Be registered and after investigation charge-sheet came to Be filed By the police against accused Nos.1 to 16. These petitioners are accused Nos.9, 11 and 12. Admittedly, their names find no place in the complaint. It appears that on the strength of the statement of witnesses recorded during the course of investigation, they included the names of these petitioners. 5 In fact it is Jijo, who is friend of complainant, misrepresented him and therefore he paid Rs.3,99,000/- to accused Nos.1 and 2 (Manivannan and Shivakumar) Directors of the company. Since there is no averment or specific allegations made against these persons, it appears that they have Been suBsequently added as accused without any Basis. Therefore, I feel it just and proper to quash the proceeding as against these petitioners who are accused Nos.9, 11 and 12. Accordingly, Both the petitions are allowed. The proceedings initiated against these petitioners/accused Nos.9, 11 and 12 in C.C.No.29900/2010 on the file of the I Addl. Chief Metropolitan Magistrate, Bangalore, are hereBy quashed since the main accused are already Before the Court facing trial. Sd/- JUDGE PMR .
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