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2024 Supreme(Online)(Kar) 37597
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 2328 OF 2023 C/W CRIMINAL PETITION NOS. 3591 OF 2022 C/W 5537 OF 2022, 5915 OF 2022 AND 12668 OF 2023 IN CRL.P NO.2328/2023 BETWEEN:
FOUZAN MOHAMMED KHAN S/O LATE B.N. SAMIULLA KHAN, AGED ABOUT 43 YEARS, R/AT FLAT NO.7, MUSVEE RESIDENCY, NO.23, HAL ROAD, RICHARDS TOWN, BENGALURU - 560 005.
...PETITIONER (BY SRI. DEEPAK BHASKAR, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA BY VYALIKAVAL POLICE STATION, SESHADRIPURAM SUB-DIVISION, BENGALURU CITY - 560 003.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.
2 . TARIQ AHMED S/O AFZAL AHMED, AGED ABOUT 37 YEARS, DIRECTOR, M/S AD PROCESS (PRINTERS) PVT. LTD., NO.11, 1ST MAIN, PALACE GUTTAHALLI, BENGALURU - 560 003.
ALSO AT:
R/AT NO.10, FIRST MAIN, ITI LAYOUT, BENSON TOWN POST, BENGALURU - 560 046.
…RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1;
SRI. SHYAM SUNDAR M.S., SENIOR COUNSEL FOR SRI. P. USMAN, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 14.12.2022 PASSED BY THE LEARNED VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE IN PCR NO.17219/2022 AND THE F.I.R. IN CRIME NO.0004/2023 DATED 19.01.2023 REGISTERED BY THE RESPONDENT NO.1 FOR THE OFFENCES P/U/S 120B, 201 AND 379 OF IPC.
IN CRL.P NO.3591/2022 BETWEEN:
1. AFZAL AHMED S/O M A JAMEEL, AGED ABOUT 65 YEARS, DIRECTOR, AD PROCESS (PRINTERS) PVT LTD., 2. TARIQ AHMED S/O AFZAL AHMED, AGED ABOUT 36 YEARS, 3. FARAH AFZAL W/O AFZAL AHMED, AGED ABOUT 59 YEARS, PETITIONERS 1 TO 3 ARE R/AT:
NO.10, IST MAIN, ITI LAYOUT, BENSON TOWN POST, BANGALORE - 560 046.
4. SANYA AHMED AFZAL W/O ABDUL BASID, AGED ABOUT 33 YEARS, R/AT NO.12, 1ST FLOOR, 1ST MAIN, JAYAMAHAL, BANGALORE - 560 046.
...PETITIONERS (BY SRI. M.S.SHYAM SUNDAR, SENIOR COUNSEL FOR SRI. USMAN P., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA BY VYALIKAVAL PS, SHESHADRIPURAM SUB-DIVISION, BANGALORE - 560 003.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, ANNEXE BUILDING, BENGALURU - 560 001.
2 . MOHAMMED FOUZAN KHAN S/O SAMIULLA KHAN, AGED ABOUT 42 YEARS, R/AT FALT NO.7, MUSVEE RESIDENCY, NO.23, HALL ROAD RICHARDS TOWN, BENGALURU - 560 005.
…RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1;
SRI. ROHAN KOTHARI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE CASE REGISTERED IN CR.NO.17/2022 BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 506, 504, 120B, 418, 403, 406, 409, 420, 465, 468, 471 OF IPC AND SEC.66C, 66D OF I.T ACT AGAINST THE PETITIONERS, PENDING ON THE FILE OF THE I ACMM, BANGALORE.
IN CRL.P NO.5537/2022 BETWEEN:
SATHISH AITHAL. N. G.
S/O. LATE GOPAL AITHAL, AGED ABOUT 46 YEARS, RESIDING AT NO. 8 AND 9, "VARASIDDHI", I A MAIN ROAD, LINGADHEERANAHALLI, PAVAMANAPURA LAYOUT, 2ND BLOCK, BENGALURU-560 109.
...PETITIONER (BY SRI. SUBHASHCHANDRA, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA BY VYALIKAVAL PS, SHESHADRIPURAM SUB-DIVISION, BANGALORE.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, ANNEXE BUILDING, BENGALURU - 560 001.
2 . MOHAMMED FOUZAN KHAN S/O SAMIULLA KHAN, AGED ABOUT 42 YEARS, R/AT FLAT NO.7, MUSVEE RESIDENCY, NO.23, HALL ROAD RICHARDS TOWN, BENGALURU - 560 005.
…RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1;
SRI. DEEPAK BHASKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.17/2022 BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 506, 504, 120B, 418, 403, 406, 409, 420, 465, 468, 471 OF IPC AND SEC.66(C), 66(D) OF I.T ACT AGAINST THE PETITIONER, PENDING BEFORE 1ST ACMM, NR ROAD, BENGALURU REGISTERED BY THE RESPONDENT POLICE STATION.
IN CRL.P NO.5915/2022 BETWEEN:
MEGHA GUPTA W/O MUKUL GUPTA AGED ABOUT 34 YEARS RESIDING AT NO.56, J. P. NAGAR
15TH CROSS, 19TH MAIN BANGALORE - 560 078.
...PETITIONER (BY SRI. SUBHASHCHANDRA, ADVOCATE)
AND:
1 . STATE OF KARNATAKA BY VYALIKAVAL PS, SHESHADRIPURAM SUB-DIVISION, BANGALORE.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, ANNEXE BUILDING, BENGALURU - 560 001.
2 . MOHAMMED FOUZAN KHAN S/O SAMIULLA KHAN, AGED ABOUT 42 YEARS, R/AT FLAT NO.7, MUSVEE RESIDENCY, NO.23, HALL ROAD RICHARDS TOWN, BENGALURU - 560 025.
…RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1;
SMT. DEEPA BHASKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.17/2022 DATED 22.02.2022 REGISTERED BY THE VYALIKAVAL POLICE STATION FOR THE OFFENCE P/U/S.506, 504, 120-B, 418, 403, 406, 409, 420, 465, 468, 471 OF IPC 1860 AND SEC.66(C), 66(D) OF I.T. ACT 2000 PENDING ON THE FILE OF I ADDL.C.M.M., NRUPATHUNGA ROAD, BENGALURU IN SO FAR AS PETITIONER IS CONCERNED. IN CRL.P NO.12668/2023 BETWEEN:
SRI. AFSAR PASHA S/O LATE BABA SAB, AGED ABOUT 56 YEARS, R/AT NO.120, JABBAR BLOCK, 9TH MAIN ROAD, 2ND CROSS, GUTTAHALLI, BANGALORE - 560 003.
...PETITIONER (BY SRI. SHASHANK NAGENDRAN, ADVOCATE)
AND:
1 . STATE OF KARNATAKA BY VYALIKAVAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT BUILDING, ANNEXE BUILDING, BENGALURU.
2 . TARIQ AHMED S/O AFZAL AHMED, AGED ABOUT 38 YEARS, DIRECTOR, M/S PROCESS PRINTERS PVT LTD., NO.11, 1ST MAIN, PALACE, GUTTAHALLI, BENGALURU - 560 003 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1;
SRI. M.S. SHYAM SUNDAR, SENIOR COUNSEL FOR SRI. P. USMAN, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.4/2023 REGISTERED BY THE VYALIKAVAL POLICE STATION FOR THE OFFENCE P/U/S.120B, 201 AND 379 OF IPC ARISING OUT OF PCR NO.17219/2022 PASSED BY THE LEARNED VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AS AGAINST THEM.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 14.06.2024 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN RESERVED FOR ORDERS ON: 14.06.2024 PRONOUNCED ON : 25.07.2024
CAV ORDER
The Crl.P.No.2328/2023 is filed by the petitioner/accused No.1 and Crl.P.No.12668/2023 is filed by petitioner/accused No.2 for quashing the FIR in Crime No.4/2023 registered by Vyalikaval Police Station arising out of PCR No.17219/2022 for the offences punishable under Sections 120B, 201 and 379 of IPC.
2. Whereas Crl.P.No.3591/2022 is filed by the petitioner/accused Nos.1 to 4 and Crl.P.No.5537/2022 is filed by the petitioner/accused No.5 and Crl.P.No.5915/2022 is filed by the petitioner/accused No.6 for quashing the FIR in Crime No.17/2022 registered by the Vyalikaval Police Station for the offences punishable under Sections 506, 504, 120B, 418, 403, 406, 409, 420, 465, 468, 471 of IPC and Section 66 (C) and 66(D) of Information Technology Act, 2000, herein after referred to as IT Act.
3. The facts of the case in Crl.P.No.2328/2023 and
12668/2023 are that the respondent No.2 herein filed a private complaint under Section 200 of Cr.P.C., before the Magistrate in PCR No.17291/2022, in turn the complaint has been referred to the police under Section 156(3) of Cr.P.C., The Vyalikaval police registered the FIR in Crime No.4/2023 for the offences punishable under Sections 120B, 201, 379 of IPC. It is alleged by the complainant that he is the Managing Director of M/s.Ad Process (Printers) Pvt. Ltd. situated at Guttahalli, Bangalore (hereinafter referred to as 'Company'). Accused No.1-Fouzan Mohammed Khan was the Director of the Company and accused No.2 was an accountant in the said Company. The Company was found by the father of the complainant in the year 1992. Accused No.1 is close relative and nephew of the father of the complainant. He become a share holder in 1999, by his father. Prior to that, the complainant's father had also made his mother Talad begum and sister Mussarrat Afza as share holders without any contribution. Accused No.1, is a B.Com graduate having no job. Hence, he was made as a Director in the Company. The father of the complainant contributed the funds for making the accused as a shareholder and a Director. It is further alleged that in 2020-21, the complainant suffered set back due to Covid-19 and accused No.1 found acting detrimental to the interest of the Company. Accused No.1 stopped coming to the Company from February 2020 without any reason, however he was drawing the salary and receiving the rents. Accused Nos.1 and 2 developed enmity to each other. Even prior to Covid- 19, accused No.1 was creating nuisance in the Company and he was found acting contrary to create cordial atmosphere in the Company. Accused No.1 was taking advantage of the fact that the complainant's father was the maternal uncle, has misbehaved with the clients. However, the same was tolerated by the complainant as he was the close relative.
4. On 11.09.2021, accused No.1 called the complainant around 6 p.m. stating that he would be meeting few friends in the office and he will leave by 7.30 p.m. Accordingly, accused No.1 with one Mohd.Younus came to the office at 7.30 p.m. The complainant as a routine, checked the CCTV camera installed and the footage was not accessible and CCTV camera was turned off. Later, the complainant received a legal notice from an advocate that at 9.30 p.m. on the very same day i.e. on 11.9.2021, making an untenable allegation against the complainant and his family members and diverting attention of the complainant and advised him to take stern action against accused No.1. Hence, accused No.1 was removed as a Director of the Company by following due process of law on 19.10.2021. Several documents and invoices were missing. The complainant and others received a notice on 23.03.2022 from a lawyer of accused No.1 along with Company petition filed before the National Company Law Tribunal at Bangalore, (hereinafter referred to as 'NCLT') challenging the resolution of the Company for removing accused No.1 from the Company. Then the complainant given the reply notice and verified the documents, where he found
