- 1 - HC-KAR NC: 2026:KHC:12966 WP No. 33153 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.33153 OF 2019 (GM-RES) BETWEEN: RAJANIKANTH N. S/O. NINGARAJAPPA AGED 28 YEARS NO.104, 7TH CROSS CHOLURUPALYA MAGADI MAIN ROAD BENGALURU-560 023 &PETITIONER (BY SRI NANDISH PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA BY VIJAYANAGARA POLICE STATION REPRESENTED BY HIGH COURT GOVERNMENT PLEADER HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 2. DINESH S/O. DHARMACHAND AGED 45 YEARS RESIDING AT 1422, 10TH MAIN VIJAYANAGAR BENGALURU-560 040 &RESPONDENTS (BY SRI M. R. PATIL, HIGH COURT GOVERNMENT PLEADER) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12966 WP No. 33153 of 2019 CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.09.2017 PASSED BY THE LEARNED XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.23225/2017 THEREBY TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 454, 380 AND 413 OF IPC VIDE ANNEXURE-G TO THE WRIT PETITION IN SO FAR AS THE SAME RELATES TO THE PETITIONER (ACCUSED NO.3) AND CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS PENDING THEREON AS AGAINST THE PETITIONER BY CALLING FOR THE RELEVANT RECORDS. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an Order dated 16.09.2017 passed by the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, in C.C No.23225/2017, in so far as it relates to taking cognizance against him for the offences punishable under Sections 454, 380 and 413 of the Indian Penal Code, 1860 and to quash the entire proceedings thereon as against him. - 3 - HC-KAR NC: 2026:KHC:12966 WP No. 33153 of 2019 2. The learned counsel for the petitioner contends that in similar facts and circumstances of the case, a coordinate Bench of this Court in W.P. No.1353/2018 (disposed off on 05.01.2023) had quashed the proceedings on the ground that the Company was not arraigned as an accused though the employees of the Company were arraigned as accused. He, therefore, contends that the petitioner in this case too is an employee of M/s.Attica Gold Private Limited and that it is the Company which is accused of receiving stolen gold and therefore, without arraigning the Company, the petitioner cannot be prosecuted. 3. The learned High Court Government Pleader does not dispute the fact that under similar circumstances, this Court in W.P. No.1353/2018 had quashed the proceedings against the employees of M/s.Attica Gold Company. 4. In that view of the matter, this Petition is also allowed and the order dated 16.09.2017 passed by the XXIV Additional Chief Metropolitan Magistrate, Bengaluru, in C.C No.23225/2017 in so far as it relates to taking cognizance against the petitioner / accused No.3 for the offences - 4 - HC-KAR NC: 2026:KHC:12966 WP No. 33153 of 2019 punishable under Sections 454, 380 and 413 of the Indian Penal Code, 1860, is quashed. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 5