- 1 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.201032 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. PRASHANT GIDADANAPPAGOL, AGE:41 YEARS, OCC: SUPERINTENDENT ENGINEER, R/O. IRRIGATION DEPARTMENT GLBC, JAMAKHANDI, DIST. BAGALKOT-587313. 2. HANAMAPPA RAMAPPA MAAHARADDI, AGE:58 YEARS, OCC: AEE, KNNL, GLBC, SUB-DIVISION NO.11, MUDHOL, DIST. BAGALKOT-587313, HOLDING IN CHARGE OF EXECUTIVE ENGINEER, GLBC DIVISION NO.3, BILAGI. 3. VEERENDRA S PATTAR, AGE:59 YEARS, OCC: AEE, GLBC, SUB-DIVISION NO. 10, KATARKI, DIST. BAGALKOT-587313. …PETITIONERS (BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE) AND: 1. VANAJAKSHI W/O LATE SHANKARAYYA LAGALIMATH, ORIGINAL WORKMEN AND NOMINEE, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 AGE: MAJOR, AT POST MANTOOR, TQ. MUDHOL, DIST. BAGALKOT-587121. 2. ASHOK S/O BASAPPA TELI, AGE:MAJOR, OCC: RETD, HEAVY MAZDOOR, AT POST MANTUR, TQ. MUDHOL, DIST. BAGALKOT-587121. 3. BASAPPA S/O BAGAPPA TELI, AGE: MAJOR, OCC: RTD., HEAVY MAZDOOR, AT POST KATARKI, TQ. MUDHOL, DIST. BAGALKOT-587313. 4. SMT. SHANTAVVA W/O KRISHNAPPA SUTAR @ BADIGER, AGE: MAJOR, AT POST MANUR, TQ. MUDHOL, DIST. BAGALKOT-587313. 5. SHANTAVVA W/O LATE SADASSHIV KALLUR, AGE: MAJOR, ORIGINAL WORKMAN AND NOMINEE, OCC: HOUSEHOLD AT POST KATARKI, TQ. MUDHOL, DIST. BAGALKOT-587313. 6. RAMAPPA S/O SHRISHAIL KALLUR, AGE: MAJOR, AT POST MANTUR, TQ. MUDHOL, DIST. BAGALKOT-587121. 7. SHRIKANT S/O GIRIMALLAPPA ULLAGADDI, AGE: MAJOR, AT POST MANTUR, TQ. MUDHOL, DIST. BAGALKOT-587121. 8. MAHADEV S/O BHIMASHI SAWANT, AGE. MAJOR, OCC: RETD HEAVY MAZDOOR R/O. WARD NO.5, VIDYAGERI, NALWADE, KRISHNA PLOT AT POST TQ. MUDHOL, DIST. BAGALKOT-587313. - 3 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 9. SURESH S/O HANAMANTH KALLUR, AGE: MAJOR, OCC:NIL, AT POST MANTOOR, TQ. MUDHOL, DIST. BAGALKOT-587121. …RESPONDENTS (BY SRI SANJAY M. JOSHI, ADVOCATE FOR R3, R7 AND R8; R1, R2, R4, R5, R6 AND R9 ARE SERVED) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO ALLOW THIS CRIMINAL PETITION AND THEREBY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.898/2023 (P.C.NO.59/2023) PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC COURT VIJAYAPUR, FOR THE OFFENCES PUNISHABLE U/S 17, 18, 19 AND UNDER SECTION 29 OF INDUSTRIAL DISPUTE ACT 1947. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Sanjeevkumar C. Patil, learned counsel for the petitioners and Sri Sanjay M. Joshi, learned counsel for the respondents. 2. The present petition is filed under Section 482 of the Code of Criminal Procedure with the following prayer: “WHEREFORE, the petitioners most respectfully pray that this Hon’ble Court be pleased to allow this - 4 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 criminal petition and thereby quash the entire proceedings in C.C.No.898/2023 (P.C.No.59/2023) pending on the file of I Addl. Civil Judge and JMFC, Vijayapur, for the offences punishable under Sections 17, 18, 19 and 29 of Industrial Dispute Act, 1947, in the interest of justice and equity.” 3. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under: Respondent initiated action against the petitioners herein for the offence punishable under Sections 17, 18, 19 and 29 of the Industrial Disputes Act, 1947, by filing a private complaint. 4. Learned Trial Magistrate registered the private complaint and later on, heard the learned counsel for the complainant. After examining the documents in the light of the arguments, by the Order dated 23.03.2023 directed the office to register the criminal case, by exercising the power under Section 203 of the Code of Criminal procedure. 5. Petitioners herein appeared before the Trial Court and obtained bail and thereafter, filed the present petition seeking quashing of the criminal proceedings on the following grounds: - 5 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 “The order of taking cognizance & issue of summons against the Petitioners is against the law & materials placed on record & same deserves to quashed as it has resulted in miscarriage of justice to Petitioners. It is an admitted fact that petitioner have challenged the order passed by the labour court in W.P.No.202530/2022, which is pending before this Hon'ble court. The validity of the Labour court order is not attain finality. Therefore, filing private complaint against the petitioner and initiation of criminal proceedings is against the law and it is premature. Hence same is deserves to be quashed. It is submitted that, once the validity of labour court order is under challenged and pending consideration, filing of criminal case against the petitioner is not all maintainable. The final adjudication of the case is not yet decided. The labour court order is not final. The offence U/s 29 of Industrial Dispute Act cannot be invoked unless matter reached finality. The complaint is filed only to harass the petitioners and with malafide intentions. Therefore, criminal proceedings is liable to be quashed. It is submitted that even as per the Labour court award, the direction is issued only against the respondent No.1. There is no direction issued to these petitioners. Therefore, filing complaint against these petitioners is liable to quashed. - 6 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 The order of taking cognizance & issue of process against the Petitioners & others is against the settled preposition of law & criminal jurisprudence. The learned Magistrate has passed the impugned order without application of mind. It is submitted that, the order of taking cognizance & issue of process against the Petitioners by the learned Magistrate suffers from non-application of mind as learned Magistrate has proceeded with matter in mechanical & routine manner without considering the totality of circumstances of the case. It is respectfully submitted that, on perusal of the private complaint & accepting the allegations levelled therein, no offence punishable U/S. 29 of the Industrial Dispute Act is made out. It is submitted that the necessary ingredients required to make out the offences punishable U/S. 29 of the Industrial Dispute Act is missing thereby, no offences as alleged are made out against the Petitioners. It is respectfully submitted that, the present proceedings have been initiated to cause undue harassment to Petitioners. It is submitted that the present criminal proceedings are nothing but abuse or process of law & procedure. On this count alone the proceeding in Criminal Case No.898/2023 deserve to be quashed.” - 7 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 6. Reiterating the grounds urged the petition, Sri Sanjeevkumar C. Patil, learned counsel for the petitioners would contend that the dispute between the respondents and petitioners is now pending before the Hon’ble Apex Court. Therefore, proceeding with the criminal case would result in miscarriage of justice and sought for quashing of the pending criminal proceedings. 7. Per contra, Sri Sanjay M.Joshi, learned counsel for the respondents would contend that the criminal proceedings per se cannot either be stayed or quashed, in view of the fact that there is an order that has been suffered by the petitioners and if there is any favourable order that is passed in the petition filed by the petitioners before the Hon’ble Apex Court, automatically, criminal proceedings would come to an end and the fact that the petitioners failed to comply with the order passed by the Labour Court which has reached its finality before this Court in writ petition filed by the petitioners, only on the ground of pendency of Special Leave Petition before the Hon’ble Apex Court wherein no stay has been granted, petition relief cannot be granted. - 8 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 8. Having heard the arguments of both sides, this Court perused the material on record, meticulously. 9. On such perusal of the material on record, admittedly, petitioners have suffered an adverse order in Reference No.23/1999. In the appeal filed by the petitioners and writ petition before this Court, the Order passed by the Reference Court is upheld. 10. Only on the ground that petitioners have approached the Hon’ble Apex Court by filing a Special Leave Petition, pending criminal proceeding cannot be quashed. 11. Further, if the petitioners are successful in the pending Special Leave Petition pending before the Hon’ble Apex Court, as a consequence thereof, the criminal proceeding will come to an end automatically. 12. It is too premature for this Court to form an opinion that the proceeding with the pending criminal case would result in abuse of process of law inasmuch as, as on today also, adverse order suffered by the petitioners herein is not stayed by the Hon’ble Apex Court. - 9 - HC-KAR NC: 2025:KHC-K:3374 CRL.P No. 201032 of 2023 13. Accordingly, no case is made out to quash the pending criminal proceedings. 14. Hence, the following: ORDER Criminal Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 24 CT:PK