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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JANUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION No.7060/2019

BETWEEN:

1.

THE MANAGING DIRECTOR

M/S. GAMESA WIND TURBINES (P) LTD,

(THEREAFTER KNOWN AS M/S. GAMESA

RENEWABLE PRIVATE LIMITED AND

NOW KNOWN AS SIEMENS GAMESA

RENEWABLE POWER PRIVATE LIMITED)

2.

SRI P K RAGHURAMAN

MANAGER (SALES).

M/S. GAMESA WIND TURBINES (P) LTD,

(THEREAFTER KNOWN AS

M/S. GAMESA RENEWABLE PRIVATE LIMITED

AND NOW KNOWN AS

SIEMENS GAMESA RENEWABLE

POWER PRIVATE LIMITED)

BOTH FUNCTIONING AT

THE FUTURA TECH PARK,

BLOCK B, 8^TH FLOOR,

NO. 334, RAJIV GANDHI SALAI,

SHOLINGANALLUR, CHENNAI 600 119.

… PETITIONERS

(BY SRI. RAVI B. NAIK, ADVOCATE FOR

SMT. VIJETHA R NAIK, ADVOCATE)

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AND:

1.

STATE OF KARNATAKA

THROUGH HIGH GROUND POLICE STATION,

REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA BUILIDNG,

BENGLAURU - 560 001.

2.

M/S. GOLDEN HATCHERIES

A PROPRIETORSHIP FIRM,

NO.3, QUEENS ROAD CROSS,

NEAR CONGRESS COMMITTEE OFFICE,

BENGALURU – 560 052.

REP. BY ITS AUTHORISED SIGNATORY

MR. SYED FAHAD.

… RESPONDENTS

(BY SRI. K.S. ABHIJITH, HCGP FOR R1

SRI. A. DAVID SLIM, ADVOCAT FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRYAING TO QUASH THE FIR AND COMPLAINT IN

CR.NO.58/2019

REGISTERED

FOR

OFFENCES

PUNISHABLE

UNDER SECTION 120(B), 419, 420, 506 READ WITH SECTION

34 OF IPC PENDING ON THE FILE OF VIII ADDL. C.M.M.,

BENGALURU IN PCR No.4509/2019.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel for the petitioners and the

learned High Court Government Pleader for respondent No.1 and

the learned counsel for respondent No.2

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2.

This petition is filed under Section 482 of Cr.P.C. for

quashing of the FIR and the complaint in Cr.No.58/2019

registered for the offence punishable under Sections 120B, 419,

420, 506 read with Section 34 of IPC on the file of VIII

Additional Chief Metropolitan Magistrate, Bengaluru in PCR

No.4509/2019.

3.

Learned counsel for the petitioners would submit

that when PCR was filed before the Magistrate, without

application of mind, learned Magistrate referred the matter

under Section 156(3) of Cr.P.C. for investigation and to submit a

report. The learned Magistrate passed a mechanical order while

referring the matter under Section 156(3) of Cr.P.C. Learned

counsel would submit that there is no compliance of Sections

154 and 202 of Cr.P.C. Hence, the impugned order requires to

be set aside.

4.

Having heard the learned counsel for the petitioners

and on perusal of the order sheet dated 29.03.2019, the

Magistrate has passed the order as follows:-

“Heard the complainant.

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Register the case as PCR and acting under

Section 156(3) of Cr.P.C., matter is referred to

SHO High Grounds PS for investigation and

submit report. Call on 27/5/2019.”

5.

Having perused the order, it discloses that the

learned Magistrate has not applied his judicious mind except

passing the order to register the case as PCR and acting under

Section 156(3) of Cr.P.C. the matter was referred to SHO, High

Grounds PS for investigation. There is no application of mind on

the part of the Magistrate as to whether he has perused the

complaint or assessed whether it is a fit case to refer the matter

under Section 156(3) of Cr.P.C. for investigation. While referring

the matter, the learned Magistrate has not applied his mind. In

view of the decision rendered by the Apex Court in the case of

Maksud Saiyed v. State of Gujarath and Others reported in

(2008) 5 SCC 668, the Magistrate has passed the order

mechanically without application of mind and the same requires

to be set aside. Hence, it is a fit case to remit the matter to the

Magistrate to consider the same afresh