- 1 - NC: 2025:KHC:12371 WP No. 8131 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8131 OF 2025 (GM-RES) BETWEEN: AYUB PS @ ATICA BABU S, S/O SYED BASHA, AGED ABOUT 53 YEARS, R/AT NO.3 MARIYAM APARTMENT, FREZAR TOWN, BANGALORE-560005. …PETITIONER (BY SRI MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY SHRAVANABELAGOLA PS REP. BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT COMPLEX, OPP TO VIDHANA SOUDHA, BANGALORE-560001. 2. VASANTH KUMAR, S/O LATE NANJAPPA, R/AT, KABBALU VILLAGE, SHRAVANABELAGOLA HOBLI, CR PATNA TALUK, HASSAN-573116. …RESPONDENTS (BY SRI LAKSHMAN B - HCGP FOR R1, NOTICE TO R2 -D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA R/W UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED 31/12/2024 AT ANNEXURE-C, PENDING AS CC NO.31/2025 ARISING OUT OF CRIME NO. 153/2023 BY THE RESPONDENT NO.1 SHRAVANABELAGOLA PS U/S 454, 380 AND 411 OF IPC NOW PENDING ON THE FILES OF HON'BLE SENIOR CIVIL Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:12371 WP No. 8131 of 2025 JUDGE AND JMFC CHANNARAYAPATNA, WHEREIN THE PETITIONER IS ARRAIGNED AS ACCUSED NO.4, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has been charge-sheeted for offences punishable under Sections 454 and 380 of the Indian Penal Code. The prosecution is before this Court seeking relief, alleging that the petitioner, as Director of Attica Gold Private Limited, received stolen gold articles. 2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for respondent No.1. 3. To substantiate the claim that the petitioner ceased to be the Director of Attica Gold Private Limited to which the stolen property was sold, Form No. DIR-11 issued by the Registrar of Companies has been annexed to the petition. This document indicates that the petitioner/accused ceased to be the Director of the Company with effect from 01.01.2016. The alleged incident involving the Company receiving the stolen property took place after the petitioner had ceased to be the Director. The resignation of the petitioner as Director - 3 - NC: 2025:KHC:12371 WP No. 8131 of 2025 of Attica Gold Private Limited is evident from Form DIR-11, which has remained uncontroverted and undisputed by the respondents. In the absence of any dispute regarding the document, it is implied that the petitioner was no longer the Director of the Company on the date of the alleged incident. Therefore, in the absence of any substantial corroborative evidence to support that the petitioner conspired with the Company to receive the stolen property, the continuation of the criminal proceedings would amount to an abuse of the process of law. Hence, the following: ORDER (i) The Petition is allowed. (ii) The impugned proceedings in C.C.No.31/2025 on the file of Senior Civil Judge and JMFC, Channarayapatna in so far as accused No.4 is concerned is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE GVP List No.: 1 Sl No.: 65