- 1 - NC: 2025:KHC-D:95 WP No. 105313 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 105313 OF 2022 (GM-RES) BETWEEN: BOMMANAHALLI BABU @ P S AYUB S/O SYED BASHA, AGED ABOUT 50 YEARS, R/AT: NO.17 MARIAMMA APARTMENTS, T-3, CLIN ROAD COX TWON N., BANGALORE-560 005. … PETITIONER (BY SRI. MOHAMMED TAHIR AND SRI. UMMAR C. FAROOQ, ADVOCATES) AND: 1. STATE BY GANDHINAGAR PS, REP. BY STATE PUBLIC PROSECUTOR, OFFICE HIGH COURT COMPLEX, BANGLAORE-560 001. 2. SAI KRISHNA YELLA S/O CHANDRAMOULI, R/AT: GUTTLA RAMANNA COMPLEX, OPP. OLD SALES TAX CHECK POST OFFICE, AUTO NAGAR, ANANTAPUR ROAD, BALLARI-583 101. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CHARGE SHEET DATED 07/03/2021 PRESENT AT ANNEXURE-C WHEREIN THE PETITIONER IS ARRAIGNED AS ACCUSED NO.03 IN CC NO.912/2021 UNDER SECTION 212, 411 IPC IN CONNECTION OF RESPONDENT POLICE FOR THE OFFENCES AND THE SAME IS PENDING IN THE FILES OF MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.10 12:40:22 +0530 - 2 - NC: 2025:KHC-D:95 WP No. 105313 of 2022 PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, BELLARY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused No.3, who is facing charges for offences punishable under Sections 212 and 411 of the Indian Penal Code (for short, ‘IPC’), has approached this Court seeking to quash the proceedings initiated against him. 2. The prosecution alleges that on 20.12.2020, while CW1 and CW5, along with their child, were attending a marriage at Kamma Bhavana Marriage Hall, unknown persons snatched gold ornaments from the complainant’s son. CW1 lodged an FIR on 21.12.2020, and during the investigation, the police apprehended accused No.1. In his confession statement, accused No.1 allegedly stated that part of the stolen gold ornaments was sold to Attica Gold Company, where the petitioner was claimed to be a Director. 3. The learned counsel for the petitioner contended that the petitioner had ceased to be a Director of Attica Gold Company as of 01.01.2016, which is evidenced by Form No.DIR-11 issued by the Registrar of Companies (Annexure-E). He argued that there is no corroborative material to establish that the petitioner had knowingly received stolen gold ornaments from accused No.1. - 3 - NC: 2025:KHC-D:95 WP No. 105313 of 2022 Hence, he submitted that the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 4. The learned Additional Government Advocate (AGA) argued that the petitioner, being a Director of the Company, knowingly received stolen gold ornaments and, therefore, has committed the alleged offences. The AGA contended that the FIR registered against the petitioner and the charge sheet filed against him do not warrant interference at this stage. Thus, the AGA sought dismissal of the petition. 5. Submissions of the learned counsel for the parties have been carefully considered. 6. A perusal of the charge sheet material indicates that the petitioner ceased to be a Director of Attica Gold Company on 01.01.2016, as evidenced by Form No.DIR-11 issued by the Registrar of Companies. The respondent/State has not disputed this document. In the absence of any challenge to the said document, it is clear that the petitioner was no longer a Director of the Company at the time of the alleged incident in December 2020. 7. Furthermore, there is no corroborative material on record to substantiate the allegation that the petitioner, as a Director of the Company, was involved in the alleged offences of receiving stolen property or assisting the accused. Continuing criminal proceedings against the petitioner in the absence of any material evidence would be an abuse of the process of law. - 4 - NC: 2025:KHC-D:95 WP No. 105313 of 2022 8. Accordingly, the petition is allowed. The impugned proceedings in CC No.912/2021, pending before the Principal Civil Judge (Jr. Dn.) and JMFC, Ballari, insofar as they relate to the petitioner/accused No.3, are hereby quashed. 9. The trial Court is directed to proceed against the other accused in accordance with law. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK LIST NO.: 1 SL NO.: 49