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2021 Supreme(Kar) 14

ASHOK G.NIJAGANNAVAR
Air India Limited – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Gurudas S. Kannur, Sri. Murugesh V. Charati.
For the Respondents: Sri. K. Nageshwarappa, Sri. Yeshwanth Shenoy.

ORDER :

Criminal Petition No. 3696/2013 is filed under Section 482 Cr.P.C. by petitioners-accused Nos. 2 and 5.

Criminal Petition No. 5696/2013 is filed under Section 482 Cr.P.C. read with Section 227 of Constitution of India by petitioners-accused Nos. 1 and 9.

1. The petitioners, who have been arraigned as accused in P.C. No. 35/2012 registered for the offences punishable under Sections 304(11), 304A, 337, 338 read with Section 34 of IPC and Sections 6, 45, 161, Part V, Schedule 11, Section O of the Air Craft Rules, 1937 pending on the file of JMFC-II Court, Mangaluru, are seeking quashing of proceedings initiated as per order dated 19.02.2013.

2. Brief background of the case is that a private complaint under Section 200 Cr.P.C. came to be filed by respondent No. 2-812 Foundation, represented by its Secretaries Mrs. Nayana Pai and Mr. Yeshwanth Shenoy, on 06.03.2012 for the offence punishable under Section 304(II), 304A, 337, 338 of IPC and Sections 6, 45, 161 Part V Schedule II, Section O of the Aircraft Rules 1937 read with Section 34 of IPC.

3. The allegations made in the complaint are as under:

    (i) On 22nd May 2010 Air India Express Flight 812 crashed at the Mangalore airport and F

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