- 1 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 4533 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W WRIT PETITION NO. 10496 OF 2023 (GM-RES) IN CRL.P No. 4533/2023 BETWEEN: 1. MR. AJAI P JOHNSON S/O JOHNSON PJ, AGED ABOUT 30 YEARS RESIDING AT SWASTIK DIAMONDS APARTMENT 1ST MAIN ROAD, PAI LAYOUT, BANGALORE-560016 2. SAJI P JOHN S/O PJ JOHN AGED ABOUT 52 YEARS RESIDING NO. 1201, MANTRI PINNCALE, BANNERGHATTA ROAD, NEAR MEENAKSHI MALL, HULIMAVU, BANGALORE- 560 076 &PETITIONERS (BY SMT. RAJASHREE B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHICKPET SUB-DIVISION UPPARPETE POLICE STATION, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 BENGALURU CITY, BENGALURU-560009 REPRESENTED BY ITS HCGP HIGH COURT OF KARNATAKA BENGALURU-560001 2. SANTOSHI POOJARI, AGED ABOUT 70 YEARS, RESIDING AT 542, GANDHI BUILDING, 4TH FLOOR, SPU ROAD, CHOWPATI, MUMBAI-400007 &RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SMT.DEEPA JAYADEV, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR WHICH WAS REGISTERED IN UPPARPET P.S. CHICKPET SUB DIVISION BENGALURU CITY AGAINST THE PETITIONERS IN CR.NO.71/2023 FOR THE OFFENCE P/U/S 149, 419, 420, 465, 468 AND 471 OF IPC, PENDING ON THE FILE OF V ADDL. CMM COURT, NRUPATHUNGA ROAD, BANGALORE CITY AT ANNEXURE A. IN WP NO. 10496/2023 BETWEEN: 1. SRI. SURESH SUBBA POOJARI, AGED ABOUT 84 YEARS, S/O SUBBA S.POOJARI 2. SRI.SIDDHARTH SURESH POOJARI AGED ABOUT 46 YEARS, S/O SURESH SUBBA POOJARI - 3 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 3. SRI.BHARAT SURESH POOJARI AGED ABOUT 44 YEARS S/O SURESH SUBBA POOJARI ALL ARE RESIDING AT.NO.542, GANDHI BUILDING 4TH FLOOR, SVP ROAD, CHOWPATTY, MUMBAI, MUMBAI CITY-400007 MAHARASHTRA ...PETITIONERS (BY SRI. SATYANARAYANA CHALKE S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER UPPARPETE POLICE STATION CHICKPETE SUB DIVISION BENGALURU CITY-560009 REPT. BY ITS HCGP HIGH COURT OF KARNATAKA BENGALURU-560001. 2. SMT.SANTOSHI POOJARI AGED ABOUT 70 YEARS W/O SRI.SURESH SUBBA POOJARI, R/AT.NO.542, 4TH FLOOR, GANDHI BUILDING, SVP ROAD, CHOWPATTY, MUMBAI CITY-400007. ...RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SMT.DEEPA JAYADEV, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CRIME NO. 0071/2023 OF UPPARPET POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER - 4 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 SECTIONS 149,419,420,465,468 AND 471 OF THE INDIAN PENAL CODE AS FAR AS THE PETITIONERS ARE CONCERNED ANNEXURE-A. THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI COMMON ORDER In W.P.No.10496/2023, the petitioners are accused Nos.1 to 3. Crl.P.No.4533/2023 is filed by one Ajay P.Johnson and Saji P.Johnson, both of whom are stated to be arraigned as accused No.5. 2. In these petitions, petitioners are seeking quashing of FIR in Cr.No.71/2023 of Upparpete PS, for the offences punishable under Sections 149, 419, 420, 465, 468 and 471 r/w Section 149 IPC. 3. In support of the petitions, the petitioners have contended that they have not committed the alleged offences. On the face of it the ingredients of the offences - 5 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 for which the case is registered are not made out. Respondent No.2 has neither challenged the order dated 22.04.2021 of the National Company Law Tribunal in CA(CCA)No.23/BB/2021 nor the report submitted by NSVM and Associates, Chartered Accountant, Statutory Auditors, overseeing amalgamation either before the NCLT or any other forum or Court. The averments of complainant with regard to her knowledge of amalgamation is implausible and cannot be relied upon as the report of NSVM and Associates, Chartered Accountants it is crystal clear that 12 out of 14 equity shareholders, other than 2 secured depositors of transferor company M/s Sukh Sagar Hotels Private Ltd have affixed their signatures. Complainant/respondent No.2 has filed several complaints against the petitioners i.e, Accused No1 to 3. Accused No.1 is a fragile, Sick and senior citizen. He is bedridden. The pendency of the case is causing immense trauma to him. Even for the sake of arguments, it is accepted that the document in question is forged, no harm or injury is - 6 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 caused to complainant/respondent No.2. Complainant/respondent No.2 has filed domestic violence case against accused Nos.1 to 3 and also a divorce petition in A.495/2021 before the Family Court, Mumbai against accused No.1. 4. So far as petitioners in Crl.P.No.4533/2023 are concerned, they have further averred that petitioner No.1 is a practicing advocate. Almost everyday he attend the Hon'ble High Court, NCLT and other Courts. They would be put to great hardship and embarrassment due to filing of false and frivolous case. In fact complainant/respondent No.2 is benefited by the amalgamation. The dispute is purely civil in nature and continuation of the same would amount to abuse of the process of the Court and hence, the petition. 5. In support of his arguments, learned counsel for petitioners has relied upon the decision in Sarita @ Sarika - 7 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 Narayan Tembhare Vs. The State of Maharashtra and Anr. (Sarita)1 6. It is brought to the notice of the Court that during the pendency of the petitions, petitioner No.1/accused No.1 in W.P.No.10496/2023 has died. 7. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 would submit that respondent No.2 is the wife of accused No.1. Accused Nos.2 and 3 are their sons. She is resident of Mumbai. There are multiple legal proceedings pending since they are indulged in criminal and illegal activities. When respondent No.2 was contemplating to take legal action against M/s Sukh Sagar Hotels Pvt. Ltd. for illegally removing her from the Directorship, she found that the said company is merged with RSP Gourmet Foods Pvt. Ltd. When she contacted her counsel as to how the 1 Crl.Application(APL)No.195/2025 (Judicature of Bombay) - 8 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 amalgamation took place without her consent and knowledge and she being 8.55% shareholder, she received certified copy from the NCLT in CA(CCA)No.23/BB/2021 and CP(CCA)No.31/BB/2021. 7.1 After going through the same, she realized that accused Nos.1 to 3 have forged her signature and submitted a false and forged affidavit in order to cheat her and to make wrongful gain. Notary K.Venkateshan has falsely stated that on 07.04.2021 she sworn to an affidavit in his presence. On the same day, another advocate has falsely submitted a memo. On the said date, complainant/respondent No.2 was in Mumbai. She never appeared before the Niotary. She has not given any consent. As stated in the stamp paper dated 07.08.2021, she has not purchased the same. According to accused Nos.1 to 3, the meeting of the Board of Directors was held on 01.09.2020, for approving the scheme of merger, but the stamp paper was allegedly purchased before the said - 9 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 meeting. All these aspects indicate that forged documents are prepared by the accused persons to cheat her. 7.2 Based on the complaint, the concerned police have registered case in Cr.No.71/2023 and taken up investigation. Matter requires full fledged investigation to ascertain the truth of the allegations made in the complaint. On account of the stay, there is no progress and pray to reject the petitions. 8. Heard arguments and perused the record. 9. The relationship between accused Nos.1 to 3 and complainant/respondent No.2 is not in dispute. Accused Nos.1 to 3 are the husband and children of complainant/respondent No.2. It is also not in dispute that they are the share holders and Directors of M/s Sukh Sagar Hotels Prvt. Ltd. Complainant/respondent No.2 is holding 8.55% shares in the said company. It is alleged that accused Nos.1 to 3 have illegally removed complainant/respondent No.2 from the Directorship and - 10 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 when she was contemplating to take legal action against them, she came to know that M/s Sukh Sagar Hotels Prvt. Ltd is merged with RSP Gourmet Foods Pvt. Ltd, without her knowledge and consent. 10. On enquiry complainant/respondent No.2 came to know that an affidavit alleged to have been given by her is produced before NCLT by forging her signature. It is alleged to have been sworn to on 07.04.2021 at Bengaluru. However, on that day, she was at Mumbai and was not at all present at Bengaluru and therefore, the accused who has allegedly identified her before the Notary as well as the Notary who are arraigned as accused No.5 are also guilty of creating false document and accordingly, she has filed the complaint. 11. It is also not in dispute that M/s Sukh Sagar Hotels Prvt. Ltd came to be merged with RSP Gourmet Foods Pvt. Ltd. before the NCLT, based on alleged affidavit sworn to by complainant/respondent No.2 and she has - 11 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 allegedly sworn to the said affidavit before the Notary and she is identified by learned counsel who are both arraigned as accused No.5. Thus, there are specific allegations that not only the signature of complainant/respondent No.2 in the said affidavit is forged, but also it was falsely represented as though she was present in Bengaluru on 07.04.2021 and appeared before the Notary and sworn to the affidavit. It is also pointed out in the complaint that for the affidavit dated 07.04.2021, stamp paper is purchased on 07.08.2021 and this fact also supports the allegations made in the complaint that it is a concocted document. 12. In the light of these aspects, there is prima facie material to proceed against the petitioners. The allegations require a full fledged investigation. It is submitted by the learned counsel representing the petitioners that on account of merger, complainant/respondent No.2 is benefited and no harm or injury is caused to her. The matter in issue is not whether any harm or injury is caused to complainant/respondent - 12 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 No.2 due to the merger/amalgamation of M/s Sukh Sagar Hotels Prvt. Ltd with RSP Gourmet Foods Pvt. Ltd, but whether the affidavit is concocted by forging her signature and whether it is falsely represented that on 07.04.2021, complainant/respondent No.2 was present at Bengaluru and sworn to the affidavit before the Notary and she was identified by the learned counsel who are arraigned as accused No.5. 13. In the light of the strong prima facie case made out against the accused, this Court is of the considered opinion that a full fledged investigation is necessary and the continuation of the proceedings would not amount to abuse of the process of the Court. The decision relied upon by the learned counsel for petitioners in Sarita is not applicable to the case on hand. In the result petitions fail and accordingly, the following: - 13 - HC-KAR NC: 2025:KHC:36261 CRL.P No. 4533 of 2023 C/W WP No. 10496 of 2023 ORDER Both petitions filed under Section 482 Cr.P.C are rejected. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 34