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2020 Supreme(Kar) 2332

JOHN MICHAEL CUNHA
Syed Ahmed – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Murthy D. Naik.
For the Respondents: K.P. Yashodha, Venkatesh S. Arbatti, B.S. Prasad.

ORDER :

1. This petition is filed under Articles 226 and 227 of Constitution of India read with Section 482 of Criminal Procedure Code, 1973 seeking to quash the charge-sheet No. 2/2015 and the entire proceedings in Special C.C. No. 490/2015 pending on the file of XXIII Additional City Civil and Sessions Judge and Special Judge for Prevention of Corruption Act, 1988, Bengaluru City.

2. The main contention urged by Sri Murthy D. Naik, learned Counsel for the petitioner is that the proceedings conducted by Trial Court suffer from serious illegality, inasmuch as the order of cognizance taken by the learned Magistrate indicate total non-application of mind and solely on that ground impugned order is liable to be quashed.

3. The second contention urged by the learned Counsel for petitioner is that the allegations levelled in the charge-sheet are directed against the Firm. Charge-sheet material does not disclose the active role of the petitioner except that he was representing the Company as the Managing Partner. Under the circumstance, prosecution of petitioner without making the Firm as accused is legally untenable and is liable to be quashed.

4. In support of his submissions, learned Coun

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