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2020 Supreme(Kar) 267

P.G.M.PATIL
Keshab Nandy And Another – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
Sri. Harsh Desai, Advocate, for the Appellants; Sri. Raja Raghavendra Naik, HCGP, for the Respondent

JUDGMENT

1. This is a criminal petition filed under Section 482 of Cr.P.C. seeking to quash the proceedings initiated against the petitioners in CC No.89/2014 pending on the file of Civil Judge and JMFC Court, Kustagi, Koppal district.

2. The brief facts of the case are that the petitioners herein are the Director and Deputy General Manager respectively of Vahni Distilleries Private Limited. The factory is at Tavaragera, which is registered under the provisions of the Factories Act, 1948 and is engaged in manufacturing Indian Made Liqour (IMFL) since 2009 by employing about 100 workers on contract basis. Since the consumption of power load of the factory exceeded 65 HP, it became mandatory to convert the electrical connection from LT to HT in order to regulate the increased supply. Hence, GESCOM directed the factory to get the LT connection converted into HT connection. Accordingly, the factory issued a work order to a licenced electrical contractor M/s. Alsa Afseen Electricals, for supply, erection and commissioning of new HT transformer, as per Annexure-A. The entire civil work assigned to the said contractor was a one-time independent turnkey job to be set up outside the factory

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