- 1 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18218 OF 2025 (GM-RES) C/W WRIT PETITION NO. 20857 OF 2024 (GM-RES) WRIT PETITION NO. 36430 OF 2024 (GM-RES) WRIT PETITION NO. 17352 OF 2025 (GM-RES) WRIT PETITION NO. 18210 OF 2025 (GM-RES) IN WP No. 18218/2025 BETWEEN: BOMANAHALLI BABU @ P.S.AYUB, S/O SYED BASHA, AGED ABOUT 53 YEARS, R/AT NO.17, MARIAMMA, APARTMENT T-3, CLINE ROAD, NEAR DENTAL COLLAGE, COOKE TOWN, FRAZER TOWN, BANGALORE – 560 005. (WRONGLY MENTIONED AS) OWNER OF ATTICA GOLD COMPANY, NO.224, 100 FEET RING ROAD, NEAR PARADISE PREMIUM HOTEL, 2ND MAIN ROAD, 7TH BLOCK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS BANSHANKARI PHASE, BANGALORE – 560 085. …PETITIONER (BY SRI. MOHAMMED TAHIR., ADVOCATE) AND: SENIOR LABOUR INSPECTOR, GOVERNMENT OF KARNATAKA, 34TH CIRCLE, BANGALORE – 560 070. …RESPONDENT (BY SMT. SOWMYA R., HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 528 OF BNSS PRAYING TO 1. TO QUASH THE COMPLAINT DATED 21/01/2025 AT ANNEXURE A, PENDING AS CC NO.3565/25 ARISING OUT OF PCR NO.299/2025 FOR THE ALLEGED OFFENSES UNDER SECTION 22(A) OF MINIMUM WAGES ACT, 1948 NOW PENDING ON THE FILES OF HONBLE JUDICIAL MAGISTRATE FIRST CLASS TRAFFIC COURT-III AT BANGALORE, WHEREIN THE PETITIONER IS ARRAIGNED AS ACCUSED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., IN WP NO. 20857/2024 BETWEEN: AYUB P.S. @ BOMMANAHALLI BABU @ ATTICA BABU, S/O SYED BASHA, AGED ABOUT 52 YEARS, - 3 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS R/AT NANDADEEP APARTMENT, KUMAR KUPPA ROAD, BANGALORE – 560 005. ALSO AT R/AT T3, MARIYAM APARTMENT, CLINE ROAD, FREZER TOWN, BANGALORE – 560 005. ...PETITIONER (BY SRI. MOHAMMED TAHIR., ADVOCATE) AND: 1. STATE BY DODDABALLAPURA RURAL P.S., - 561 203. REPRESENTED BY S.P.P., OFFICE AT ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP. TO VIDHAN SAUDA, BANGALORE – 560 001. 2. SMT. VENKATALAKSHMAMMA, W/O LATE NARASIMHAIAH, AGED ABOUT 72 YEARS, NARASIMHANAHALLI VILLAGE, TUBAGERE HOBALI, DODDABALLAPURA TALUK, BANGALORE RURAL – 561 203. ...RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 09.07.2025) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASH THE POLICE REMAND APPLICATION - 4 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS DATED 29.06.2024 AT ANNEXURE - C OF PETITIONER AND ORDER ON THE SAME THEREIN, IN CRIME NO. 411/2023 FOR THE OFFENSE UNDER SECTION 379 AND 413 OF IPC ONLY RESTRICTED TO PETITIONER AND CONSEQUENTLY ALSO QUASH THE FIR BEARING CRIME NO.411/2023 FOR THE OFFENCES PUNISHABLE U/S 379 OF IPC AT ANN-A AGAINST THE PETITIONER SAME IS PENDING IN THE FILES OF BY THE HONBLE LEARNED PRL CIVIL JUDGE AND JMFC COURT, DODDABALLAPURA RESTRICTED TO THE PETITIONER AND ARRAYED AS ACCUSED NO. 4 AND ETC., IN WP NO. 36430/2024 BETWEEN: PS AYUB @ BOMMANAHALLI BABU, S/O SYED BASHA @ SYED BHASHA M R., AGED ABOUT 53 YEARS, ATTICA GOLD PVT. LTD., NO.11/4, SUVARAN BHAVAAN QUEE, AT NO.12, 3RD STAGE, MARIYAM APARTMENT, BANGALORE – 560 005. PERMANENT ADDRESS R/AT NO.17, MARIYAM APARTMENT, T3, CLINE ROAD, NEAR AMBEDKAR DENTAL COLLEGE, COOKE TOWN, BANGALORE – 560 005. ...PETITIONER (BY SRI. MOHAMMED TAHIR.,ADVOCATE) - 5 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS AND: 1. STATE BY BILICHODU P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA, BANGALORE – 560 001. 2. PARASHURAMAPPA K, S/O RAMAPPA, AGED ABOUT 42 YEARS, R/AT BHARAMASAGRA ROAD, BILICHODU VILLAGE, JAGALURU TALUK, DAVANAGERE – 577 553. ...RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 09.07.2025) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO 1. QUASH THE CHARGE SHEET DATED 28/08/2023 PRESENT AT ANNEXURE C, WHICH IS REGISTERED AS CC NO.1342/2023 ARISING OUT OF CRIME NO. 94/2022 U/S 457, 380 AND 411 OF IPC FILED BY THE RESPONDENT NO.1 BILICHODU PS AND THE SAME IS PENDING ON THE FILES OF HONBLE CIVIL JUDGE AND JMFC JAGALUR, WHEREIN THE PETITIONER IS ARRAIGNED AS ACCUSED NO.6 AND ETC., - 6 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS IN WP NO. 17352/2025 BETWEEN: BOMMANAHALLI BABU @ PS AYUB, S/O SYED BASHA, AGED ABOUT 53 YEARS, R/AT NO.408, GENESIS GRAANDE, 23/1, BENSON TOWN, A CROSS ROAD, BENGALURU – 560 046. OWNER OF ATTICA GOLD COMPANY, CORP. OFFICE QUEENS ROAD, BANGALORE – 560 051. ...PETITIONER (BY SRI.MOHAMMED TAHIR., ADVOCATE) AND: 1. STATE BY HENNUR P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA, BANGALORE – 560 001. 2. RAMESH T.N., S/O LATE NARAYANA BHATT, AGED ABOUT 59 YEARS, R/AT NO.26, SHIROVARI, 8TH CROSS, KANAKAGIRI LAYOUT, BANJARA LAYOUT, HORAMAVU AGARA, BENGALURU – 560 043. ...RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 09.07.2025) - 7 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED 01/12/2020 AT ANNEXURE C, PENDING AS CC NO.52600/2025 ARISING OUT OF CRIME NO.358/2017 BY THE RESPONDENT NO.1 HENNUR PS FOR THE OFFENCES U/S 454, 457, 380 411, 414, 353 R/W 149 OF IPC NOW PENDING BEFORE THE HONBLE 11TH ACJM AT BANGALORE, WHEREIN THE PETITIONER IS ARRAIGNED AS ACCUSED NO.5, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 18210/2025 BETWEEN: BOMANAHALLI BABU @ P.S.AYUB, S/O SYED BASHA, AGED ABOUT 53 YEARS, R/AT NO.17, MARIAMMA APARTMENT, T-3, CLINE ROAD, NEAR DENTAL COLLAGE, COOKE TOWN, FRAZER TOWN, BANGALORE – 560 005. (WRONGLY MENTIONED AS) OWNER OF ATTICA GOLD COMPANY, NO.224, 100 FEET RING ROAD, NEAR PARADISE PREMIUM HOTEL, 2ND MAIN ROAD, 7TH BLOCK, BANSHANKARI PHASE, BANGALORE – 560 085. ...PETITIONER (BY SRI. MOHAMMED TAHIR., ADVOCATE) - 8 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS AND: SENIOR LABOUR INSPECTOR, GOVERNMENT OF KARNATAKA, 34TH CIRCLE, BANGALORE – 560 070. ...RESPONDENT (BY SMT. SOWMYA R., HCGP FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS PRAYING TO QUASH THE COMPLAINT DATED 21.01.2025 AT ANNEXURE -A PENDING AS CC NO. 3564/2025 ARISING OUT OF PCR NO. 298/2025 FOR THE ALLEGED UNDER SECTION 21 93) AND 3 (A) PAYMENT OF WAGES ACT 1936 AND KARNATAKA RULES 1963 NOW PENDING ON THE FILE OF HONORABLE JUDICIAL MAGISTRATE FIRST CLASS TRAFFIC COURT-III AT BANGALORE, WHEREIN THE PETITIONERS IS ARRAIGNED AS ACCUSED. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: 1. In W.P.No.18218/2025 "WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased - 9 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS 1. To quash the complaint dated 21.01.2025 at Annexure A, pending as CC no.3565/2025 arising out of PCR no.299/2025 for the alleged offences under section 22(A) of Minimum Wages Act, 1984, now pending on the files of HON'BLE JUDICIAL MAGISTRATE FIRST CLASS TRAFFIC COURT-III AT BANGALORE, wherein the Petitioner is arraigned as Accused, in the interest of justice and equity. 2. To quash the cognizance order dated 28.04.2025 passed in CC no.3565/2025 arising out of PCR no.299/2025 at Annexure -B, for the alleged offences under section 22(A) of Minimum Wages Act, 1948 by the HON'BLE JUDICIAL MAGISTRATE FIRST CLASS TRAFFIC COURT-III AT BANGALORE, wherein the Petitioner is arraigned as accused, in the interest of justice and equity." 2. In W.P.No.20857/2024 WHEREFORE it is prayed that this Hon'ble High Court may be pleased to issue; a) To Quash the police remand application dated 29/06/2024 at Annexure-C of Petitioner and order on the same therein, in Crime no 411/2023 for the offences under section 379, and 413 of IPC only restricted to petitioner and consequently also Quash the FIR bearing crime No.411/2023 for the offences punishable U/S 379 of IPC at Annexure-A against the petitioner, same is pending in the files of by the Hon'ble Learned Prl Civil judge and - 10 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS JMFC court, Doddaballapura, restricted to the petitioner and arrayed as accused no.4, in the interest of justice. b) Pass any other order or direction may be issued as consequential orders, in the interest of justice. 3. In W.P.No.36430/2024 "WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased 1. To quash the Charge Sheet dated 28.08.2023 present at Annexure C, which is registered as CC No.1342/2023 arising out of Crime No.94/2022 u/s 457, 380 and 411 of IPC filed by the Respondent no.1 Bilichodu PS and the same is pending on the files of HON'BLE CIVIL JUDGE AND JMFC JAGALUR, wherein the Petitioner is arraigned as Accused No.6, in the interest of justice and equity. 2. To quash the Cognizance order dated 17.10.2023 at Annexure-D, pending as CC No.1342/2023 arising out of Crime No. 94/2022 U/s 457, 380 and 411 of IPC filed by the Respondent no.1 Bilichodu PS pending before the of HON'BLE CIVIL JUDGE AND JMFC JAGALUR, wherein the Petitioner is arraigned as Accused No.6 in the interest of justice and equity." - 11 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS 4. In W.P.No.17352/2025 "WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased 1. To quash the Charge Sheet dated 01/12/2020 at Annexure C, pending as CC No.52600/2025 arising out of Crime No.358/2017 by the Respondent no.1 Hennur PS for the offences U/s 454, 457, 380 411, 414, 353 R/w 149 of IPC now pending before the HON'BLE 11th ACJM at Bangalore, wherein the Petitioner is arraigned as Accused No.5, in the interest of justice and equity. 2. To quash the Cognizance order dated 25/02/2025 at Annexure-D, pending in CC No.52600/2025 arising out of Crime No.358/2017 by the Respondent no.1 Hennur PS for the offences U/s 454, 457, 380 411, 414, 353 R/w 149 of IPC now pending before the HON'BLE 11th ACJM at Bangalore, wherein the Petitioner is arraigned as Accused No.5 in the interest of justice and equity." 5. In W.P.No.18210/2025 WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased 1. To quash the complaint dated 21/01/2025 at Annexure A, pending as CC no.3564/2025 arising out - 12 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS of PCR no.298/2025 for the alleged offences under section 21(3) and 3(a) Payment of wages act 1936 and Karnataka rules 1963 now pending on the files of HON'BLE JUDICIAL MAGISTRATE FIRST CLASS TRAFFIC COURT - III AT BANGALORE, wherein the Petitioner is arraigned as Accused, in the interest of justice and equity. 2. To quash the cognizance order dated 28/04/2025 passed in CC no.3564/2025 arising out of PCR no.298/2025 for the alleged offences under section 21(3) and 3(a) Payment of wages act 1936 and Karnataka rules 1963 by the HON'BLE JUDICIAL MAGISTRATE FIRST CLASS TRAFFIC COURT-III AT BANGALORE, wherein the Petitioner is arraigned as Accused, in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent – State and perused the material on record. Notice to respondent no.2 is dispensed with vide order dated 09.07.2025 in WP.No.20857/2024, W.P.No.36430/2024 and W.P.No.17352/2025. 3. A perusal of the material on record will indicate that the petitioner is arraigned as accused as per the following table, in - 13 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS which, the petitioner is shown to be the Director of M/s.Attica Gold Pvt. Ltd., Bangalore. Sl.No. Case No. Rank of the accused C.C.No., PCR.No. & Crime No. 01. W.P.No.18218/2025 Accused No.1 C.C.No.3565/2025; PCR.No.299/2025 02. W.P.No.20857/2024 Accused No.4 Crime No.411/2023 03. W.P.No.36430/2024 Accused No.6 C.C.No.1342/2023; Crime No.94/2022 04. W.P.No.17352/2025 Accused No.5 C.C.No.52600/2025; Crime No.358/2017 05. W.P.No.18210/2025 Accused No.1 C.C.No.3564/2025; PCR.No.298/2025 4. In this context, it is relevant to state that the petitioner had resigned from the status / position of a Director from the aforesaid M/s. Attica Gold Pvt. Ltd., on 01.01.2016 itself as can be seen from Form No.DIR-11 issued by the Registrar of Companies. The said fact has been recognized and confirmed by this Court in W.P.No.19063/2021 dated 09.06.2022 filed by the petitioner, in which, this Court quashed the proceedings impugned therein as against the petitioner herein on the ground that he had resigned from the company on 01.01.2016 itself, much prior to the alleged commission of the offence and that no proceedings can be initiated or prosecuted against the resigned Director. In the aforesaid order - 14 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS of this Court in the aforesaid writ petition filed by the petitioner, it was held as under:- “ In this petition, the first information report was lodged alleging that the gold jewelleries belonging to the complainant were stolen by the accused and the said accused sold the same to the Attica Gold Pvt. Ltd in various branches. 2. 2. The Police registered the FIR in Crime No.138/2020 and after investigation submitted the charge sheet against the petitioner alleging that he is the Director of the Attica Gold Pvt. Ltd and as such has committed an offence punishable under Sections 380 and 342 read with Section 34 of IPC. Taking exception to the same this petition is filed. 3. Learned counsel for the petitioner submits that the petitioner ceased to be the Director of the company on 01.01.2016 which is evident from Form No.DIR-11 issued by the Registrar of Companies. Hence he submits that the alleged incident has taken place after the petitioner ceased to be Director of the said company and as such the FIR registered against the petitioner is impermissible. 4. Learned HCGP submits that the petitioner being the Director of the company has received stolen property from the accused and as such has committed the offence alleged against him and at this stage, the FIR registered against the petitioner and the charge sheet submitted against the petitioner does not warrant any interference and sought for dismissal of the petition. - 15 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS 5. I have considered the submissions made by learned counsel for the parties. 6. To substantiate the claim that the petitioner ceased to be the Director of Attica Gold Pvt. Ltd. to which the stolen property was sold, Form No.DIR-11 issued by the Registrar of Companies is produced. The said document indicates that the petitioner/accused ceased to be the Director of the company with effect from 01.01.2016. The alleged incident has taken place after the petitioner ceased to be the Director of the company in question which is alleged to have received the stolen property. 7. The resignation of the petitioner as Director of the Attica Gold Pvt. Ltd. is evident from Form No.DIR-11. The same has remained uncontroverted and not disputed by the respondents. In the absence of any dispute to the said document, it is implied that the petitioner ceased to be the Director of the company in question as on the date of the alleged incident. Hence, in the absence of any corroborative material that the petitioner as director of the company in question has received the stolen property, the registration of FIR and also the filing of charge sheet is without any substance. 8. Accordingly, I pass the following: ORDER i) The Writ petition is allowed. ii) The impugned FIR in Crime No.138/2020 is quashed. - 16 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS iii) Liberty is reserved with the respondent State to proceed against the company which is alleged to have received the stolen property in accordance with law, if so advised.” 5. In view of the aforesaid facts and circumstances and the undisputed fact that identical proceedings against the petitioner have already been quashed by this Court in the aforesaid writ petition and in the light of the petitioner having resigned from the post of a Director as long back as on 01.01.2016, continuation of the proceedings insofar as the petitioner is concerned, would tantamount to an abuse of the process of law warranting interference by this Court. 6. In the result, I pass the following:- ORDER (i) Petitions are hereby allowed. (ii) In W.P.No.18218/2025, the impugned proceedings in C.C.No.3565/2025 arising out of PCR No.299/2025 pending on the file of JMFC, Traffic Court-III, Bangalore; In W.P.No.20857/2024, the impugned proceedings in Crime No.411/2023 pending on the file of Prl. Civil Judge and JMFC Court, Doddaballapura; In - 17 - HC-KAR NC: 2025:KHC:25213 WP No. 18218 of 2025 C/W WP No. 20857 of 2024 WP No. 36430 of 2024 AND 2 OTHERS W.P.No.36430/2024, the impugned proceedings in C.C.No.1342/2023 arising out of Crime No.94/2022 pending on the file of Civil Judge and JMFC, Jagalur; In W.P.No.17352/2025, the impugned proceedings in C.C.No.52600/2025 arising out of Crime No.358/2017 pending on the file of 11th ACJM at Bangalore AND In W.P.No.18210/2025, the impugned proceedings in C.C.No.3564/2025 arising out of PCR.No.298/2025 pending on the file of JMFC, Traffic Court-III at Bangalore are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 1 Sl No.: 58