KARNATAKA HIGH COURT - BENCH AT DHARWAD
M/S MAHINDRA AND MAHINDRA LIMITED – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 101477/2020
-1-
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 26TH DAY OF FEBRUARY 2021
BEFORE
THE HON9BLE MR. JUSTICE P. KRISHNA BHAT
CRIMINAL PETITION NO.101102 OF 2020
C/W
CRIMINAL PETITION NO.101397 OF 2020
CRIMINAL PETITION NO.101468 OF 2020
CRIMINAL PETITION NO.101477 OF 2020
IN CRIMINAL PETITION NO.101102 OF 2020
BETWEEN
1.
M/s. P J MARGO PVT. LTD.,
#334, 4TH MAIN ROAD,
SADASHIVA NAGAR,
BENGALURU-560 080,
REPRESENTED BY ITS
MANAGING DIRECTOR
SRI. PRADEEP JAIPURIA.
2.
MANAGING DIRECTOR
M/s. P J MARGO PVT. LTD.,
#334, 4TH MAIN ROAD,
SADASHIVA NAGAR,
BENGALURU-560080.
REPT. BY SRI. PRADEEP JAIPURIA.
...PETITIONERS
(BY SRI. RAGHAVENDRA C. R., ADV.,
R
-2-
SRI. V. RAGHURAM ADV., AND
SRI. SHASHANK S. HEGDE, ADV., )
AND
THE STATE OF KARNATAKA
LEGAL METROLOGY OFFICER,
GOKAK SUB-DIVISION,
GOKAK-591307.
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD,
PIN-580 008.
&RESPONDENT
(BY SRI. PRAVEEN K UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED U/S. 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.06.2020
PASSED IN C.C.NO.1040/2020 (ANNEXURE-B) BY THE PRINCIPAL
CIVIL JUDGE AND JMFC, GOKAK TAKING COGNIZANCE AGAINST
THE PETITIONERS FOR OFFENCES PUNISHABLE UNDER SECTIONS
31 AND 36 OF THE LEGAL METROLOGY ACT, 2009 AND QUASH THE
IMPUGNED COMPLAINT DATED 17.06.2020 (ANNEXURE-A) IN
C.C.NO.1040/2020 FILED BY THE RESPONDENT AGAINST THE
PETITIONERS PENDING ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE AND JMFC, GOKAK.
IN CRIMINAL PETITION NO.101397 OF 2020
BETWEEN
1.
NESTLE INDIA LIMITED,
-3-
NESTLE HOUSE,
JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON 122 002, HARYANA,
BY ITS AUTHORIZED SIGNATORY
T. S. VENKATESHWARAN, AGE. 51,
S/O. LATE T. V. SUBRAMANIAM,
ADDRESS. AS SHOWN IN
COMPANY ADDRESS.
2.
RAMA BIJAPURKAR,
AGE. 63, DIRECTOR AND MANUFACTURER,
NESTLE INDIA LIMITED,
NESTLE HOUSE,
JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON-122 002, HARYANA.
3.
RAKESH MOHAN
AGE. 72, DIRECTOR AND MANUFACTURER,
NESTLE INDIA LIMITED,
NESTLE HOUSE,
JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON-122 002, HARYANA.
4.
SURESH NARAYANAN
AGE. 60,
MANAGING DIRECTOR AND MANUFACTURER,
NESTLE INDIA LIMITED,
NESTLE HOUSE,
JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON-122 002, HARYANA.
5.
RAJYA VARDHAN KANORIA
AGE. 65, DIRECTOR AND MANUFACTURER,
NESTLE INDIA LIMITED,
NESTLE HOUSE,
-4-
JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON-122 002, HARYANA.
6.
SHOBINDER DUGGAL
AGE. 62, DIRECTOR AND MANUFACTURER,
NESTLE INDIA LIMITED,
NESTLE HOUSE,
JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON-122 002, HARYANA.
7.
SWATI AJAY PIRAMAL
AGE. 64, DIRECTOR AND MANUFACTURER,
NESTLE INDIA LIMITED,
NESTLE HOUSE,
JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON-122 002, HARYANA.
8.
MARTINTHEO HERMAN ROEMKENS,
AGE.51, DIRECTOR AND MANUFACTURER,
NESTLE INDIA LIMITED,
NESTLE HOUSE,
JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON-122002, HARYANA.
9.
ROOPA KUDVA,
AGE. 57, DIRECTOR AND MANUFACTURER,
NESTLE INDIA LIMITED,
NESTLE HOUSE, JACARANDA MARG,
M BLOCK, DLF CITY, PHASE-II,
GURGAON-122 002, HARYANA.
...PETITIONERS
(BY SRI. K. KASTURI, SENIOR ADV., FOR SRI. HARSH DESAI,
ADV.,)
-5-
AND
STATE BY
STATE PUBLIC PROSECUTOR,
DHARWAD,
BY THE INSPECTOR OF LEGAL METROLOGY
GOKAK SUB-DIVISION, GOKAK,
BELAGAVI DISTRICT, PIN-591307
&RESPONDENT
(BY SRI. PRAVEEN K UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ORDER DATED 10.06.2020 PASSED BY
THE
COURT
OF
THE
PRINCIPAL
JMFC
AT
GOKAK
AND
CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.
NO.1020 OF 2020 (P.C.NO.1201716 OF 2019-20) REGISTERED
AGAINST
THE
PRESENT
PETITIONERS
FOR
THE
OFFENCES
PUNISHABLE UNDER SECTIONS 31 AND 36 OF THE LEGAL
METROLOGY ACT, 2009.
IN CRIMINAL PETITION NO.101468 OF 2020
BETWEEN
1.
REEKITT BENCKISER (INDIA) PVT.