Back
S R SEETHARAM – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 14318/2018
W.P.No.14318/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE 2021
BEFORE
THE HON9BLE MRS. JUSTICE K.S.MUDAGAL
WRIT PETITION No.14318/2018(GM-RES)
BETWEEN:
1.
S.R.SEETHARAM
S/O LATE G.S.RAMASWAMY
AGED ABOUT 77 YEARS
RESIDING AT C-101, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
2.
RAMAKRISHNAN
S/O S.NARAYANAN
AGED ABOUT 54 YEARS
RESIDING AT C-802, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
3.
S.THIAGARAJAN
S/O LATE M.S.SUBRAMANIAN
AGED ABOUT 63 YEARS
RESIDING AT C-302, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
4.
DORAIRAGHAVAN MURLI
S/O S.DORAIRAGHAVAN MURLI
AGED ABOUT 52 YEARS
RESIDING AT C-803, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
5.
V.SEETHARAMU
S/O LATE S.VENKATASUBBAIAH
AGED ABOUT 79 YEARS
W.P.No.14318/2018
2
RESIDING AT C-1404, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
6.
V.PRAKASIH
S/O VENKATARAO P
AGED ABOUT 46 YEARS
RESIDING AT C-413, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
7.
SMT.POORNIMA G
W/O T GOVINDARAJAN
AGED ABOUT 45 YEARS
RESIDING AT C-312, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
8.
SUMATHI GIRIDHAR
W/O GIRIDHAR
AGED ABOUT 40 YEARS
RESIDING AT C-1305, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
9.
PAVITHRA SHIROBHUSHANAM
W/O MAHESH NARASIMHA WUDALI
AGED ABOUT 38 YEARS
RESIDING AT C-210, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
10.
REKHA MURTHY
W/O N.S.SUNDAR
AGED ABOUT 53 YEARS
RESIDING AT C-910, CASSIA BLOCK
BRIGADE MILLENNIUM APARTMENT
J P NAGAR VII PHASE
BANGALORE 3 560 078
&PETITIONERS
(BY SRI.VIVEK HOLLA, ADV. FOR
SMT.MAYA HOLLA, ADV.)
W.P.No.14318/2018
3
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY SHO
PUTTENAHALLI POLICE STATION
BENGALURU 3 560 078
2.
RAMAKOTESWARARAO DARA (MAJOR)
S/O SRI.PURUSHOTTAM DARA
RESIDING AT CG-12, GROUND FLOOR
CASSIA BLOCK, BRIGADE MILLENNIUM,
J P NAGAR, VII PHASE
BANGALORE 3 560 078
&RESPONDENTS
(BY SMT.NAMITHA MAHESH B.G., HCGP FOR R1;
SRI.RAGHAVENDRA R DESAI, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION AND SECTION 482 OF CR.P.C.
PRAYING
TO
QUASH
THE
COMPLAINT
BEARING
NO.PCR.15653/2017 BEFORE THE 44TH ADDITIONAL CHIEF
METROPOLITAN MAGISTGRATE AT BENGALURU (ANNEXURE-A)
AND SET ASIDE THE ORDER DATED 26.12.2017 PASSED IN PCR
NO.15653/2017
BY
THE
44TH
ADDITIONAL
CHIEF
METROPOLITAN MAGISTRATE AT BENGALURU (ANNEXURE-B),
AND THE FIR REGISTERED BY THE 1ST RESPONDENT HEREIN IN
CRIME NO.0020/2018 (ANNEXURE-C).
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 8B9 GROUP THIS DAY, THE COURT THROUGH
VIDEO CONFERENCE MADE THE FOLLOWING:
O R D E R
Heard.
2.
<Whether
the
proceedings
in
PCR
No.15653/2017 on the file of XLIV Additional Chief
Metropolitan Magistrate, Bengaluru and the proceedings
arising thereon amount to abuse of the process of the
Court?= is the question involved in this case.
W.P.No.14318/2018
4
3.
Respondent No.2 and the petitioners are the
residents of Apartment called 8Brigade Millennium Cassia
Block9, J.P.Nagar VII Phase, Bengaluru. The petitioners are
office bearers of the Brigade Millennium Cassia Block
Association and respondent No.2 is the owner of flat
No.CG12 in Cassia Block.
4.
The bye-laws of the said Society are at
Annexure-H. Admittedly, the Society is registered under
the Karnataka Societies Registration Act, 1908 and not
under the Karnataka Ownership Flats (Regulation of the
Promotion
of
Construction,
Sale,
Management
and
Transfer) Act, 1972 (8the 1972 Act9 for short).
5.
The
association
issued
notice
dated
