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2025 DAILYLAW 33885 (KAR)

DHANARAJU v. THE STATE OF KARNATAKA

CRL.P/10962/2024 · 2025-03-14

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:10620 CRL.P No. 10962 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA CRIMINAL PETITION NO. 10962 OF 2024 BETWEEN: DHANARAJU S/O LATE C. CHANNARAYAPPA AGE: 70 YEARS, OCC: RETIRED AS A.G.M. OF KSSIDC LTD, R/O NO.64, KRUTHIKA, 4TH CROSS, 5TH MAIN MAHALAKSHMI LAYOUT. SHANKARNAGAR, BANGALORE - 560 096 …PETITIONER (BY SMT. MANJULA N. TEJASWI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HEBBAL POLICE STATION, MYSURU CITY, MYSURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU - 560 001. 2. K.S. UTHAPPA S/O LATE K.C. SHIVAPPA AGE: 56 YEARS, OCC: BUSINESS, R/O NO.42, DEFENSE LAYOUT, VIDYYARANYAPURA, BANGALORE - 560 097 …RESPONDENTS (BY SRI. M.G. PATIL, HCGP FOR R1 SRI. P.B. UMESH, ADVOCATE FOR R2) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:10620 CRL.P No. 10962 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH FIR, COMPLAINT, CHARGE SHEET AND THE RESULTANT ENTIRE PROCEEDINGS PENDING ON THE FILE OF LEARNED V JMFC COURT AT MYSURU IN C.C.NO.1498/2020 (CR.NO.78/2018) FOR THE OFFENCES PUNISHABLE U/S 420, 424, 204, 34, 418, 468 OF IPC, IN POLICE STATION HEBBAL P.S NARASIMHARAJA SUB DIVISION MYSURU CITY PENDING AGAINST THE PETITIONER (ACCUSED NO.3 BEFORE TRIAL COURT), AS PER ANNEXURES A TO D, BY ALLOWING THE PETITION. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER This Court in Crl.P.No.777/2021 had quashed the proceedings in respect of accused Nos.1 and 2 holding that the sale deed executed by Karnataka State Small Industries Development Corporation Limited (for short "KSSIDC") was in fact executed in favor of the partnership concern and not in favor of the partner of the firm, i.e., accused No.1. - 3 - NC: 2025:KHC:10620 CRL.P No. 10962 of 2024 2. It is also noticed that the complaint had been lodged three years after filing of the suit by the complainant in OS.2790/2015, which was for a direction to petitioner No.1 for rendition of accounts and for a declaration that accused No.2-K.Nataraj could not have been made a partner of the firm. 3. The present petitioner is accused No.3, who happened to be the AGM of "KSSIDC", got executed these sale deeds in favor of the partnership concern. 4. Since this Court has already given a finding that the sale deed had executed by "KSSIDC" in favour of partnership concern, no criminality can be attached to the petitioner herein, who was accused No.1, consequently, the proceedings as against the present petitioner-accused No.3 is also be quashed. Hence, the petition is allowed. Sd/- (N S SANJAY GOWDA) JUDGE BH List No.: 1 Sl No.: 47