Writ petition allowed to quash FIR. Court held petitioner ceased to be Director of implicated company long before alleged incident; absence of evidence linking him to theft rendered FIR without substance under Section 482 CrPC.
The Writ petition is allowed and the impugned FIR in Crime No.355/2021 is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.1431/2022 (GM-RES)
BETWEEN :
P.S.AYUB @ BOMMANAHALLI BABU S/O SYED BASHA AGED ABOUT 50 YEARS R/AT: NO. T-3, MARIAMMA APARTMENTS FRAZER TOWN, BENGALURU – 560 005 ...PETITIONER
(BY SRI MOHAMMED TAHIR, ADVOCATE)
AND :
(BY SRI.ROHITH B J, HCGP FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE REMAND APPLICATION DATED 10.01.2022 AT ANNEXURE – C WHEREIN THE PETITIONER IS ARRAIGNED AS ACCUSED NO.4 IN CRIME NO.355/2021 FOR
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THE OFFENCES PUNISHABLE UNDER SECTION 392, 411 IPC PENDING ON THE FILE OF 32ND ACMM, BANGALORE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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.
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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.
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petitioner ceased to be the Director of the company in question which is alleged to have received the stolen property.
8. Accordingly, I pass the following:
ORDER
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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.
Sd/JUDGE
AKC
2 issues framed by the court
Whether an FIR can be sustained against a person who ceased to hold the position of Director of the company involved in the alleged crime.
Whether the registration of FIR and submission of charge sheet were without substance in absence of material linking the petitioner to the receipt of stolen property post-resignation.
3 provisions across 2 enactments
P.S.Ayub @ Bommanahalli Babu
The State by Kengeri Police Station Rep
Smt. Manasa
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
