- 1 - HC-KAR NC: 2025:KHC:22289 WP No. 3758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3758 OF 2025 (GM-POLICE) BETWEEN: 1. PAPPARAPATTI SYED BASHA AYUB @ BOMMANAHALLI BABU AGED ABOUT 52 YEARS, S/O SYED BASHA, R/A NO. T-3, MARIYAMMA APARTMENTS, CLIN ROAD, RAZER TOWN, BANGALORE - 560 005 …PETITIONER (BY SRI. SADDAM R MULLA, ADVOCATE FOR SRI. MOHAMMED TAHIR., ADVOCATE) AND: 1. STATE BY CID POLICE BANGALORE CITY REPRESENTED BY SPP OFFICE AT, ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX OPP TO VIDHAN SAUDA BANGALORE -560001. 2. MANJUNATH R D.I/ INVESTIGATION OFFICER OFFICE AT, H AND B DIVISION, KARLTAN BHAVAN PALACE ROAD, CID BANGALORE-560 001. …RESPONDENTS (BY SRI. K P YASHODHA., AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22289 WP No. 3758 of 2025 NOTICE UNDER SECTION 41a OF CrPC DTD. 10.01.2025 AND 22.01.2025 BEARING NO.06/C¥ÀgÁzsÀ/ºÉZï&©/¹Lr/2022 ISSUED BY THE R-2 AT ANNX-F AND F1 IN CONNECTION OF CRIME NO. 194/2022 NOW PENDING AS CC NO. 6376/2023 BEFORE THE HONBLE 37TH ACCM AT BANGALORE FOR THE ALLEGED OFFENSE UNDER SECTION 381 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the validity of the notice under Section 41A of Cr.P.C., dated 10.01.2025 and 22.01.2025, in connection with Crime No.194/2022, now numbered as C.C.No.6376/2023 pending before the 37th ACMM at Bangalore. 2. It is the case of the petitioner that the alleged offence relates to the period of 2022 and the petitioner had resigned from the post of Director of Attica Gold Company on 01.01.2016 as is evidenced from Annexure-E. 3. Accordingly, it is submitted that the question of proceeding against the petitioner does not arise in light of the document at Annexure-E which would indicate that petitioner - 3 - HC-KAR NC: 2025:KHC:22289 WP No. 3758 of 2025 has resigned from the post of the Director of the Company with effect from 01.01.2016. 4. The contention of the petitioner requires to be accepted. 5. Accordingly, the notice at Annexure-F is set aside. The respondent-State is however at liberty to proceed against the other concerned in accordance with law. Sd/- (S SUNIL DUTT YADAV) JUDGE NP