Karnataka High Court
Sri. Satish J Kamath vs State Of Karnataka on 22 December, 2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.5084 OF 2019
BETWEEN
Sri Satish J Kamath,
The Employer
M/s. Sobha Limited,
'Sobha', Sarjapur Marathahalli,
Outer Ring Road, Devarabeesanahalli,
Bellandur Post, Bengaluru-560103.
...Petitioner
(By Sri K.Kasturi, Senior Counsel for
Sri Pradeep Kumar J., Advocate)
AND
State of Karnataka
Through the Authority under
Building and other Construction
Workers (Regulation of Employment
And Conditions of Services) Act, 1996,
II Floor, Karmika Bhavan,
Bannerghatta Road,
Bengaluru-560029.
...Respondent
(By Sri Rohith B.J., HCGP)
2
This Criminal Petition is filed under Section 482
Cr.P.C., praying to set aside the order dated 22.03.2019 in
C.C.No.4360/2019 on the file of VIII Addl.C.M.M.,
Bengaluru at Annexure-A and etc.
This Criminal Petition coming on for admission this
day, through video conferencing, the Court made the
following:
ORDER
In this petition under section 482 Cr.P.C., accused no.1 has sought quashing of the proceedings against him in C.C.No.4360/2019 on the file of VIII ACMM, Bengaluru.
2. Heard Sri. K. Kasturi, Sr. Counsel for the petitioner and the Government Pleader for the respondent.
3. Assistant Director of Factories, Bengaluru Division-12, who is also an inspector appointed under section 42(3) of Building and Other Construction 3 Workers (Regulation of Employment and Conditions of Service) Act, 1996, (for short 'Act') initiated action under section 200 Cr.P.C. against the petitioner and two other accused. The reason for initiating complaint is that one Ayub Ali, a construction worker suffered injury on 14.11.2018 when the construction work of the building was in progress. Accused no.3, Sri. T. Venugopal, is the contractor, under whom the injured was working.
4. So far as the petitioner is concerned, it is stated that he is the Senior Vice President - H.R. of M/s. Sobha Ltd., which has engaged M/s. Venus Associates, represented by accused no.3 as the contractor. The statement given by the injured clearly shows that he suffered injury due to his negligence. According to section 2(i)(iii) of the Act, the petitioner cannot be called an employer. It is only the contractor, who is defined as employer. Therefore 4 prosecution of the petitioner amounts to abuse of process of court. In this view, petition is allowed. The proceedings in C.C.No.4360/2019 on the file of VIII Addl. CMM, Bengaluru are quashed.
Sd/-
JUDGE sd