- 1 - HC-KAR NC: 2025:KHC:29143 CRL.RP No. 1303 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1303 OF 2024 BETWEEN: RAJEEV SHARMA, (WRONGLY SHOWN AS RAJIV SHARMA) S/O SHEESHA PAL SHARMA, AGED ABOUT 57 YEARS, MANAGING DIRECTOR, G4S SECURE SOLUTIONS (INDIA) PVT. LTD (WRONGLY SHOWN AS G4S SECURITY AGENCY), TUMAKURU, KARNATAKA, HAVING ITS OFFICE AT G4S SECURE SOLUTION (INDIA)PVT.LTD. C-16, COMMUNITY CENTRE, JANAKPURI, BEHIND JANAK CINEMA, NEW DELHI-110058. …PETITIONER (BY SRI KARTHIK YADAV U, ADVOCATE FOR SRI. VENKATA REDDY S K, ADVOCATE) AND: STATE OF KARNATAKA, BY TUMAKURU RURAL POLICE, TUMAKURU - 572 101, REPRESENTED BY SPL.PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY SRI VENKATASATYANARAYANA, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO A) SET ASIDE THE ORDER DTD. 13/12/2023, PASSED ON APPLICATION FILED U/S 239, 245(1)(2), 205, 258 OF CR.P.C., IN CC NO. 4453/2018, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29143 CRL.RP No. 1303 of 2024 BY THE I ADDL. CIVIIL JUDGE AND JMFC, TUMAKURU, VIDE ANN-A.B) CONSEQUENTLY ALLOW THE SAID APPLICATION FILED U/S 239, 245(1)(2), 205, 258 OF CR.P.C. BY DISCHARGING THE PETITIONER/ACCUSED AS PRAYED FOR IN THE SAID APPLICATION, VIDE ANN-B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the order dated 13.12.2023 in C.C. No.4453/2018. 2. In terms of the said order, the application filed by the accused/petitioner under Sections 238, 245 (1) & (2), 205 and 258 of Code of Criminal Procedure is rejected. 3. The charge sheet came to be filed against the petitioner for commission of an offence under Section 4 and Section 20 of the Private Security Agencies Regulation Act, 2005 (for short 'Act, 2005'). 4. It is not in dispute that the petitioner is running a Security Agency. Under the aforementioned Act, 2005, - 3 - HC-KAR NC: 2025:KHC:29143 CRL.RP No. 1303 of 2024 the petitioner is required to obtain a licence to run the security agency. It is further not in dispute that the licence was issued on 24.01.2011 which was valid up to 23.01.2016. 5. The petitioner filed an application on 26.12.2015 seeking renewal of the said licence. There was no response. Then petitioner filed one more application on 09.11.2016 to remind the concerned authority about his application dated 26.12.2015 seeking renewal of licence under the Act, 2005. 6. The police filed a charge sheet alleging offence under Section 4 and Section 20 of Act, 2005. Section 4 of Act, 2005 prohibits carrying the business of Private Security Agency unless the person holds the licence issued under the Act, 2005. Section 20 of Act, 2005 is the penal provision. 7. Learned counsel for the petitioner would submit that application is filed before the Trial Court to discharge - 4 - HC-KAR NC: 2025:KHC:29143 CRL.RP No. 1303 of 2024 the petitioner on the premise that no offence is committed in as much as the application seeking renewal of licence is filed before the expiry of the licence and it is the authority which has delayed in renewing the licence and thereafter, the petitioner has filed an appeal as provided under Section 14 of the Act, 2005 and appeal came to be allowed vide order dated 08.01.2018 and application filed by the petitioner on 26.12.2015 seeking renewal of licence is allowed as prayed for. 8. Thus, it is his contention that the application deems to have been allowed with retrospective effect and that being the position, Section 4 of Act, 2005 is not attracted. 9. Learned High Court Government Pleader on the other hand would submit that the Trial Court is justified in dismissing the application as on the date of the filing of the charge sheet, the petitioner admittedly was not possessing the licence as required under Section 4 as his earlier licence had lapsed by that time. - 5 - HC-KAR NC: 2025:KHC:29143 CRL.RP No. 1303 of 2024 10. This Court has considered the contentions raised at the bar and perused the records. 11. Section 4 of Act, 2005 mandates a licence issued under the said provision to carry on the business of security agency. It is not in dispute that the petitioner applied for the licence in the year 2011 and that was valid upto 23.01.2016. 12. The order passed by the Appellate Authority on 08.01.2018 which is marked at Annexure-H reveals application was filed for renewal on 26.12.2015 that is before expiry of the earlier licence. There was a delay on the part of the authority in considering the application seeking renewal and later it was rejected. 13. Aggrieved by the order of rejection, the petitioner filed an appeal before the Appellate Authority in terms of the order at Annexure-H dated 08.01.2018 Appellate Authority allowed the appeal and renewed the licence as prayed for. As a result, in the sense as prayed - 6 - HC-KAR NC: 2025:KHC:29143 CRL.RP No. 1303 of 2024 in the application dated 26.12.2015 is allowed granting renewal. 14. This being the position, it is to be deemed that the licence is renewed with effect from the date of its expiry. Hence, the petitioner has not contravened under Section 4 of Act, 2005. 15. The Trial Court fell in error in rejecting the application on the premise that as on the date of the charge sheet or as on the date of the complaint, there was no licence in favour of the petitioner. Since the licence is renewed with retrospective effect, it is to be deemed that the petitioner had a valid licence when the complaint was filed and the charge sheet was produced. 16. For the aforementioned reasons, the petitioner succeeds. Consequently, the application filed before the Trial Court seeking discharge is allowed. 17. Accordingly, the petition is allowed. - 7 - HC-KAR NC: 2025:KHC:29143 CRL.RP No. 1303 of 2024 18. The proceeding in C.C. No.4453/2018 on the file of JMFC, Tumkur, stands terminated and the petitioner/accused is discharged. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 2 Sl No.: 23