IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 39282 OF 2019 (GM-RES)

BETWEEN:

1. MR. AMIT DABRIWALA S/O MR RAJ KUMAR DABRIWALA, AGED ABOUT 47 YEARS, GROUND FLOOR, RR HOSIERY BUILDING, SHREE LAXMI WOOLLEN MILLS ESTATE, OPP SHAKTI MILLS, MAHALAKSHMI MUMBAI, MAHARASHTRA-400011

2. MR ATUL ASHOKKUMAR RUIA S/O LATE MR ASHOKKUMAR RUIA, AGED 48 YEARS, NO.462, SENAPATI BAPAT MARG, D igitally LOWER PAREL, MUMBAI signed by REKHA R MAHARASHTRA-400013 Location :

High Court

3. MR AMIT DALAL of S/O MR NALINKANT DALAL, Karnataka AGED 56 YEARS, NO.462, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI MAHARASHTRA-400013

4. MR SHIVARAMAKRISHNAN SRINIVASAN IYER S/O MR SRINIVASAN IYER, AGED 53 YEARS, NO.462, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI, MAHARASHTRA-400013

5. MR SHISHIR ASHOK SHRIVASTAVA S/O LATE MR ALOK SHRIVASTAVA, AGED 43 YEARS, NO.462, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI MAHARASHTRA-400013

6. MR PRADUMNA KANODIA S/O MR SAJJAN KUMAR KANODIA, AGED 48 YEARS, NO.462, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI MAHARASHTRA-400013

7. MS SHEWTA PRADEEP VYAS D/O MR PRADEEP VYAS, AGED 39 YEARS, NO.462, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI MAHARASHTRA-400013 …PETITIONERS (BY SRI. ARJUN RAO, ADVOCATE)

AND:

1. STATE OF KARNATAKA THROUGH SUBRAMANYANAGAR PS., BANGALORE-10 REP BY SPP

2. MR ARUN KUMAR B S/O MR LINGE GOWDA, AGED 39 YEARS, SAID TO BE R/AT NO.2142, 14TH FLOOR, 2ND TOWER, ONE BANGALORE WEST, DR.RAJAKUMAR ROAD, RAJAJINAGAR, BENGALURU-560010 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.CHINTAN CHINNAPPA, ADVOCATE FOR R2)

THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.11.01.2019 IN PCR NO.15535 OF 2018 BEFORE THE LEARNED VII ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND ALL FURTHER PROCEEDINGS EMANATING THEREFROM IN SO FAR AS THE PETITIONERS ARE CONCERNED (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

ORAL ORDER

Petitioners who are arraigned as accused Nos.3, 2, 4 to 8 have filed this petition under Articles 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against them in PCR.No.15535/2018 on the file of VII ACMM, Bengaluru, for the offences punishable under Sections 120B, 379 and 448 IPC and consequent FIR in Cr.No.21/2019 dated 25.01.2019 of Subramanyanagar PS.

2. In support of the petition, the petitioners have contended that the complaint, FIR and consequent criminal proceedings initiated against them are illegal, malafide, vexatious, motivated and as such liable to be quashed. Petitioner Nos.2 to 7, as per the unimpeachable records maintained by the Ministry of Corporate Affairs have no relationship whatsoever to the developer of the project Palladium Constructions. There is no incorporated entity called "Phoenix Market City", wherein petitioner Nos.2 to 7 allegedly are the Directors or the office bearers. Phoenix Mills Ltd has no connection whatsoever to the OBW Apartments. None of the petitioners including petitioner No.1 have any day-to-day control, management or involvement with the management and/or provisions of maintenance services at OBW Apartments, which are in fact with an external agency, colliers. Colliers is a reputed and well known agency.

2.1 Nowhere in the entire complaint, respondent No.2 ascribed any specific role to the petitioners in the alleged events. There are no specific allegations as required by law against the petitioners. Such being the case, complainant does not even allege that petitioners are involved in the day-to-day control, management or involvement with the management and/or provisions of maintenance services at OBW Apartments. Petitioners were not even in Bengaluru at the time when the alleged offence took place and there is not even whisper in the complaint suggesting that the p