Karnataka High Court
M/S Eaton Power Quality Systems Ltd vs State Of Karnataka on 30 January, 2026
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NC: 2026:KHC:5230
CRL.P No. 7624 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
CRIMINAL PETITION NO. 7624 OF 2021
BETWEEN:
M/S. EATON POWER QUALITY
SYSTEMS LTD, HAVING ITS
OFFICE, NO. 2, EVR STREET,
SEDARAPET, VILLIANUR
COMMUNE, PUDUCHERRY-605111,
REPRESENTED BY ITS MANAGING
DIRECTOR, MR. SYED SAJJID ALI
...PETITIONER
(BY SRI. MONIKAJULIET R., ADVOCATE FOR
SRI. R. PRABHAKARAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BANGALORE INTERNATIONAL
AIRPORT LTD POLICE STATION,
DEVANAHALLI, REPRESENTED
Digitally signed
by PRASHANTH BY STATE PUBLIC PROSECUTOR,
NV HIGH COURT OF KARNATAKA,
Location: High BENGALURU - 560 001.
Court of
Karnataka
2. MRS. CLARA
W/O. MUNISWAMY,
AGED ABOUT 36 YEARS
RESIDING AT NO.147,
HOMBEGOWDA NAGAR,
HOSUR MAIN ROAD,
WILSON GARDEN,
BANGALORE CITY-560027
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1
R2 - SD/-)
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NC: 2026:KHC:5230
CRL.P No. 7624 of 2021
HC-KAR
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
FIR IN CR.NO.98/2021 FOR THE OFFENCE P/U/S.304-A OF IPC FILED
BY THE RESPONDENT NO.1 PENDING BEFORE THE HONBLE CIVIL
JUDGE AND JMFC, DEVANAHALLI.
THIS CRL.P, COMING ON FOR FURTHER HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
The petitioner being accused No.2 is seeking to quash the First Information Report registered in Crime No.98/2021 of Bengaluru International Airport Ltd Police Station registered for the offence punishable under Section 304(A) of Indian Penal Code (for short 'IPC') pending on the file of the learned Civil Judge and JMFC, Devanahalli, on the basis of first information lodged by respondent No.2.
2. Heard Smt. Monikajuliet, learned counsel for Sri.R.Prabhakaran, learned counsel for the petitioner and Smt.Soumya R, learned HCGP for respondent No.1. Perused the materials on record.
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NC: 2026:KHC:5230 CRL.P No. 7624 of 2021 HC-KAR
3. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?"
My answer to the above point is in the 'Affirmative' for the following:
REASONS
4. Respondent No.2 has filed the first information with International Airport Police Station, Bengaluru against L and T Construction Company as accused No.1 and the petitioner as accused No.2. It is stated that the petitioner is the sub- contractor under accused No.1 - L and T Construction Company, working in the International Airport Authority of India, Bengaluru. On 08.09.2021 when one Mr. Vinod, the brother of respondent No.2 was working as laboror under the petitioner in the construction site where the construction of the International Airport, Bengaluru was undertaken, he fell down during work sustaining injuries to his head and later died. -4-
NC: 2026:KHC:5230 CRL.P No. 7624 of 2021 HC-KAR Therefore, it is stated that accused have committed the offences under Section 304(A) of IPC.
5. The petitioner being accused No.2 is before this Court seeking to quash the criminal proceedings. Learned HCGP produced the copy of the registration certificate of the establishment issued in Form-C by the Department of Labor Government of Karnataka, according to which, Bengaluru International Airport Limited was registered and established under the provision of Karnataka Shops and Commercial Establishments Act, 1961 (for short 'Act, 1961') and therefore, it is stated that the Factories Act is not applicable to the facts of the present case. It is stated that the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (for short 'BOCW Act') is applicable to the case in hand. My attention was drawn to Section 54 of the BOCW Act which reads as under:
"54. Cognizance of offences.- (1) No court shall take cognizance of any offence punishable under this Act except on a complaint-
(a) made by, or with the previous sanction in writing of, the Director-General or the Chief Inspector; or -5- NC: 2026:KHC:5230 CRL.P No. 7624 of 2021 HC-KAR
(b) made by an office-bearer of a voluntary organisation registered under the Societies Registration Act, 1860 (21 of 1860); or
(c) Made by an office-bearer of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable this Act. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act."
6. Therefore, there is a clear bar for taking cognizance of the offence on the basis of the police complaint filed by respondent No.2. When the provisions of the 'BOCW Act' is made applicable, the procedure as contemplated under Section 54 of the 'BOCW Act' is to be followed. The complaint in writing as required under Section 200 of Cr.P.C is to be filed with the previous sanction in writing by the officers specified therein. Admittedly, no such procedure is followed before registration of the First Information Report. Therefore, solely on this ground the criminal proceeding is liable to be quashed.
7. At this stage learned HCGP prays for reserving liberty with the competent authority to file complaint as required under Section 54 of the 'BOCW Act'. -6-
NC: 2026:KHC:5230 CRL.P No. 7624 of 2021 HC-KAR
8. In view of the discussion held above, I am of the opinion that the criminal proceedings initiated against the petitioner cannot be sustained and such initiation of proceedings is in abuse of process of law. Hence, I am of the opinion that the criminal case registered against the petitioner is liable to be quashed. Accordingly, I answer the above point in the 'Affirmative' and proceed to pass the following:
ORDER
i) The petition is allowed.
ii) The criminal proceedings initiated against the petitioner - accused No.2 seeking to quash the First Information Report registered in Crime No.98/2021 of Bengaluru International Airport Ltd Police Station registered for the offence punishable under Section 304(A) of Indian Penal Code (for short 'IPC') pending on the file of the learned Civil Judge and JMFC, Devanahalli, is hereby quashed.-7-
NC: 2026:KHC:5230 CRL.P No. 7624 of 2021 HC-KAR
iii) Liberty is reserved with the appropriate authority to file the complaint in accordance with law, if advised to do so.
Sd/-
(M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 5