- 1 - HC-KAR NC: 2025:KHC:40970-DB WA No. 4720 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 4720 OF 2016 (GM-RES) BETWEEN: 1. STATE OF KARNATAKA, REPRESENTED BY THE INSPECTOR, LEGAL METROLOGY, FLYING SQUAD-2, No.1, ALI ASKAR ROAD, BENGALURU-560 052. …APPELLANT (BY SMT. N. ANITHA, AGA) AND: 1. DANONE NARANG BEVERAGES PRIVATE LIMITED, M/S DANONE NARANG BEVERAGES PRIVATE LIMITED, No.B-869, SARKAR HERITAGE, 2ND FLOOR, J.P.K.S. COMPLEX KANE ROAD, BANDSTAND BANDRA(WEST), MUMBAI, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.J.VENKATESH. 2. MR.SHIVARAJ MENON MAJOR, M/S DRIVE INDIA ENTERPRISE SOLUTIONS LIMITED Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40970-DB WA No. 4720 of 2016 No.159/1 AND 160/1 KANNAMANGALA, WHITE FIELD-HOSKOTE ROAD BENGALURU-02. …RESPONDENTS (BY SRI PRADEEP NAYAK, ADVOCATE FOR R1; VIDE ORDER DATED 14.06.2019 SERVICE ON R2 IS HELD SUFFICIENT) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN THE WRIT PETITION No.13060/2013 DATED 30/8/2016. THIS APPEAL, COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard the learned Additional Government Advocate appearing for the appellant-State and the learned counsel appearing for the respondent No.1. 2. This appeal has been filed seeking for setting aside the judgment and order dated 30.08.2016 passed by the learned Single Judge in Writ Petition No.13060/2013 (GM-RES). 3. It appears that, a writ petition under Articles 226 and 227 of the Constitution along with Section 482 of the Code of - 3 - HC-KAR NC: 2025:KHC:40970-DB WA No. 4720 of 2016 Criminal Procedure, 1973, was filed by the respondent No.1 seeking the relief, inter alia, of quashing the complaint being C.C. No.829/2012 filed by the respondent No.1 before the Metropolitan Magistrate Traffic Court-I1 as well as the entire proceedings before the Court pursuant to the said complaint. By means of the impugned judgment and order, the writ petition was allowed; the impugned order passed by the Magistrate was set aside; the complaint and the proceedings in C.C. No.829/2012 were quashed and consequential orders were also passed. 4. The learned counsel for the respondents has raised a preliminary objection as to the maintainability of the writ appeal on the ground that criminal proceedings were sought to be assailed before the learned Single Judge and even though, the proceeding was titled as writ petition, it was essentially seeking relief in respect of the criminal complaint filed against the respondent No.1 and under the circumstances, no writ appeal would be maintainable before this Court. 1 Magistrate - 4 - HC-KAR NC: 2025:KHC:40970-DB WA No. 4720 of 2016 4.1 The learned counsel in support of his contention has relied upon a decision of the Co-ordinate Bench of this Court in the case of Nijaguni Sitaram Badiger vs. Taluka Executive Magistrate and others2 passed on 23.07.2018 whereby, the Co-ordinate Bench of this Court relied on the judgment of the Apex Court in the case of Ram Kishan Fauji vs. State of Haryana and others3, and rejected the appeal. 5. We find that the facts of the instant case justify its dismissal in view of the aforesaid judgment of the Division Bench. Accordingly, this writ appeal is dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV, List No.: 1 Sl No.: 17 2 Writ Appeal No.100643/2017 (GM-Police). 3 AIR 2017 SC 1535