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2021 Supreme(Kar) 109

H.P.SANDESH
C. Ramalingaiah S/o Chikkalingegowda – Appellant
Versus
State of Karnataka By Mandya Rural Police Station, Mandya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Smt.B.V.Vidyulatha., Advocate
For the Respondent: Smt.Namitha Mahesh, Hcgp

ORDER :

1. This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the FIR in Crime No.48/2018 and the charge sheet in C.C.No.1018/2019 on the file of JMFC., at Mandya and pass such other relief/s as this Court deemed fit in the facts and circumstances of the case.

2. The factual matrix of the case is that in the charge sheet an allegation is made that on 30.01.2018, when CW.1 was in the Police Station at 7:15 a.m, CW.19 gave an information that in the rented premises of Holalu Grama Panchayath, the accused person was illegally refilling the gas. Based on the credible information, CW.1 by obtaining the search warrant from CW.25 went in a Police Jeep along with CWs.19 to 24 and also took CWs.2 and 3 with them, at around 9:00 a.m, conducted the raid. At that time, accused from the cylinders of domestic LPG, illegally refilling the same to the commercial cylinders and auto cylinders. On inspection, they found one filled gas cylinder and 9 empty gas cylinders belongs to Bharat Gas, in total 10 cylinders. They also found one empty and 5 filled gas cylinders belongs to H.P.Company and one empty cylinder belongs to Shakthi Company and two auto cylinders, one re-filli

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