IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

CRIMINAL PETITION NO.3696 OF 2013

C/W

CRIMINAL PETITION NO.5696 OF 2013

IN CRL.PETITION NO: 3696 OF 2013:

BETWEEN:

1. AIR INDIA LIMITED,

AIR INDIA EXPRESS,

AIR-INDIA BUILDING

NAIMAN POINT

MUMBAI – 400050,

REPRESENTED BY ITS

GENERAL MANAGER,

MAKARAND M JOSHI.

2. MR ANSBERT D SOUZA,

S/O LATE JOSEP D SOUZA,

AGED 56 YEARS,

R/O FLAT NO.7,

AIR INDIA APARTMENTS,

NO.61B, PALI HILLS,

BANDRA,

MUMBAI-400050. ...PETITIONERS

(BY SRI GURUDAS S KANNUR SR. ADV. FOR

SRI MURUGESH V CHARATI, ADVOCATE)

R

2

AND:

1. STATE OF KARNATAKA,

REPRESENTED BY BAJPE

POLICE STATION,

DAKSHINA KANNADA

MANGALORE

THROUGH THE SPP

HIGH COURT OF KARNATAKA,

BANGALORE – 1.

2. 812 FOUNDATION,

REPRESENTED BY

MRS NAYANA PAI,

SECRETARY,

812 FOUNDATION,

BHAGAVATHI NAGAR,

OPP RESIDENCE OF

COMMISSIONER OF POLICE,

MANNAGUDDA,

MANGALORE-575003. …RESPONDENTS

(BY SRI K NAGESHWARAPPA, HCGP FOR R1,

SRI YESHWANTH SHENOY, FOR R2 PARTY-IN-PERSON)

****

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

CR.P.C PRAYING TO QUASH THE ORDER DATED:19.02.2013

PASSED BY THE JMFC-II COURT, MANGALORE IN PRIVATE CASE

NO.35/12, WHEREBY THE LEARNED MAGISTRATE HAS TAKEN

COGNIZANCE OF THE OFFENCE U/S 304A IPC ALONG WITH

DEEMED SANCTION AGAINST PETITIONER Nos.1 AND 2.

3

IN CRL. PETITION NO.5696 OF 2013:

BETWEEN:

1. AIRPORTS AUTHORITY OF INDIA,

RAJIV GANDHI BHAWAN,

SAFDARJUNG AIRPORT,

NEW DELHI - 110 003,

THROUGH ITS AUTHORIZED

REPRESENTATIVE

MR JAGDISH KUMAR GOEL.

2. MR PETER ABRAHAM,

S/O K S ABRAHAM,

AGED ABOUT 53 YEARS,

PRESENTLY WORKING AS

AIRRPORT DIRECTOR,

CALICUT INTERNATIONAL AIRPORT

MALAPPURAM DIST,

KERALA – 521603. ...PETITIONERS

(BY SRI UDAYA HOLLA, SENIOR COUNSEL FOR

SRI R.V.NAIK, ADVOCATE FOR P2,

SRI MADHUKAR S, ADVOCATE FOR P1)

AND:

1. STATE OF KARNATAKA,

REPRESENTED BY

BAJPE POLICE STATION,

DAKSHINA KANNADA,

MANAGALORE,

THROUGH THE SPP

HIGH COURT OF KARNATAKA-560 001.

2. 812 FOUNDATION,

REPRESENTED BY

MRS NAYANA PAI SECRETARY

812, FOUNDATION

4

BHAGAVATHI NAGAR,

OPP RESIDENCE OF

COMMISSIONER OF POLICE,

MANNAGUDDA,

MANGALORE - 575 003. …RESPONDENTS

(BY SRI K NAGESHWARAPPA, HCGP FOR R1,

SMT.HARSHITHA R.M, ADVOCATE FOR R2)

****

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

CR.P.C PRAYING TO QUASH THE ORDER DATED 19.2.2013 PASSED

BY THE JMFC, MANGALORE, D.K. IN PRIVATE CASE NO.35/2012

WHEREBY THE LEARNED MAGISTRATE HAS TAKEN COGNIZANCE

OF THE OFFENCE UNDER SECTION 304-A OF IPC ALONG WITH

DEEMED SANCTION AGAINST THE PETITIONERS AND TO QUASH

THE PRIVATE COMPLAINT NO.35 OF 2012 PENDING BEFORE THE

JMFC-II, MANGALORE, D.K.

THESE PETITIONS HAVING BEEN HEARD THROUGH VIDEO

CONFERENCE AND RESERVED FOR ORDERS, COMING ON FOR

PRONOUNCEMENT

OF

ORDERS,

THIS

DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

5

ORDER

Crl.P.3696/2013 is filed under Section 482 Cr.P.C. by

petitioners-accused Nos.2 and 5.

Crl.P.5696/2013 is filed under Section 482 Cr.P.C. read with

Section 227 of Constitution of India by petitioners-accused Nos.1

and 9.

The petitioners, who have been arraigned as accused in

P.C.35/2012 registered for the offences punishable under Sections

304(11), 304A, 337, 338 read with Section 34 of IPC and Sections

6, 45, 161, Part V, Schedule 11, Section O of the Air Craft Rules,

1937 pending on the file of JMFC-II Court, Mangaluru, are seeking

quashing of proceedings initiated as per order dated 19.02.2013.

2.

Brief background of the case is that a private complaint

under Section 200 Cr.P.C. came to be filed by respondent No.2-812

Foundation, represente