- 1 - NC: 2025:KHC:12372 WP No. 8172 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. 8172 OF 2025 (GM-RES) BETWEEN: ROOPA @ ROOPA N, W/O MUR, AGED ABOUT 48 YEARS, OPERATION MANAGER, ATTICA GOLD COMPANY, OFFICE AT, 11/4, SUVARNA BHAVANA, QUEENS ROAD, BANGALORE-560001. …PETITIONER (BY SRI MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY KADUR PS, REP BY STATE PUBLIC PROSECUTOR, OFFICE HIGH COURT COMPLEX, VIDHANA SOUDHA, BANGALORE - 560001. 2. N. ESHWARAPPA, S/O LATE NAGAPPA, AGED ABOUT 80 YEARS, R/AT SRIRAMPURA VILLAGE, KADUR TALUK, CHIKMAGALUR-577548. …RESPONDENTS (BY SRI LAKSHMAN B, HCGP FOR R1, R2 D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA R/W UNDER SECTION 482 CR.PC PRAYING TO-QUASH THE CHARGE SHEET DATED 25/10/2021 AT ANNEXURE C, FILED BY THE RESPONDENT NO. 1 KADUR PS PENDING AS CC NO.928/2022 ARISING OUT OF CRIME NO. 144/2020 U/S 411, 413, 34 OF IPC AND THE SAME IS PENDING IN THE FILES OF HON'BLE PRL. CIVIL JUDGE AND Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:12372 WP No. 8172 of 2025 J.M.F.C., KADUR, WHEREIN THE PETITIONER IS ARRAIGNED AS ACCUSED NO.6 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 The petitioner challenges the proceedings in C.C.No.928/2022 arising out of Crime No.144/2020, registered for offences punishable under Sections 120B, 454, 380, 381, 411, and 413, read with Section 34 of the Indian Penal Code (IPC). 2. I have heard the learned counsel, Sri Mohammed Tahir, appearing for the petitioner, and Sri Lakshman B., learned High Court Government Pleader appearing for respondent No.1, and have perused the material on record. 3. The learned counsel appearing for the petitioner referred to identical orders passed by this Court in a series of cases, one of which was disposed of on 09.06.2022 by a Co-ordinate Bench of this Court in W.P.No.19063/2021. The order in that case read as follows: “In this petition, the first information report was lodged alleging that the gold jewellery belonging to the complainant was stolen by the accused, and that the accused sold the same to Attica Gold Pvt. Ltd through various branches. 2. The Police registered the FIR in Crime No.138/2020 and, after investigation, submitted the charge sheet - 3 - NC: 2025:KHC:12372 WP No. 8172 of 2025 against the petitioner, alleging that he is the Director of Attica Gold Pvt. Ltd and, as such, has committed an offence punishable under Sections 380 and 342 read with Section 34 of the IPC. Taking exception to the same, this petition was filed. 3. The learned counsel for the petitioner submits that the petitioner ceased to be the Director of the company on 01.01.2016, as evidenced by Form No. DIR-11 issued by the Registrar of Companies. Hence, he submits that the alleged incident took place after the petitioner had ceased to be the Director of the said company, and therefore, the FIR registered against the petitioner is impermissible. 4. The learned HCGP submits that the petitioner, being the Director of the company, received stolen property from the accused and, as such, committed the offence alleged against him. At this stage, the FIR registered against the petitioner and the charge sheet submitted against him do not warrant any interference, and he sought for the dismissal of the petition. 5. I have considered the submissions made by the learned counsel for the parties. 6. To substantiate the claim that the petitioner ceased to be the Director of Attica Gold Pvt. Ltd.—to which the stolen property was sold—Form No. DIR-11 issued by the Registrar of Companies is produced. The said document indicates that the petitioner/accused ceased to be the Director of the company with effect from 01.01.2016. The alleged incident took place after the petitioner ceased to be the Director of the company, which is alleged to have received the stolen property. 7. The resignation of the petitioner as Director of Attica Gold Pvt. Ltd. is evident from Form No. DIR-11. The same has remained uncontroverted and undisputed by the respondents. In the absence of any dispute regarding the said document, it is implied that the petitioner ceased to be the Director of the company as of the date of the alleged incident. Hence, in the absence of any corroborative material to show that the petitioner, as Director of the company, received the stolen property, the - 4 - NC: 2025:KHC:12372 WP No. 8172 of 2025 registration of the FIR and the filing of the charge sheet are without any substance." 4. Based on the reasoning set out above and relying on the uncontroverted evidence in Form No. DIR-11, it is evident that the petitioner ceased to be the Director of Attica Gold Pvt. Ltd. prior to the alleged incident. Consequently, the registration of the FIR and the filing of the charge sheet against the petitioner lack foundation and are unsustainable. 5. In the light of the order passed by the Co-ordinate Bench of this Court supra, which covers the issue on all its fours, I deem it appropriate to terminate the proceedings on the same reasons rendered by the Co-ordinate Bench of this Court supra. Therefore, the following: ORDER (i) Writ Petition is allowed. (ii) Proceedings pending in C.C.No.928/2022 before Principal Civil Judge and JMFC, Kadur, stand quashed, qua the petitioner. Sd/- (HEMANT CHANDANGOUDAR) JUDGE GVP List No.: 1 Sl No.: 67