Karnataka High Court
Vishal Mittal vs The State Of Karnataka on 10 August, 2023
-1-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 667 OF 2017
C/W
CRIMINAL PETITION NO. 8323 OF 2016,
CRIMINAL PETITION NO. 8329 OF 2016,
CRIMINAL PETITION NO. 8330 OF 2016,
CRIMINAL PETITION NO. 8331 OF 2016,
CRIMINAL PETITION NO. 668 OF 2017,
CRIMINAL PETITION NO. 6827 OF 2019,
CRIMINAL PETITION NO. 10139 OF 2022,
CRIMINAL PETITION NO. 10185 OF 2022
IN CRL.P.NO.667/2017:
BETWEEN:
1. MR. VISHAL MITTAL
S/O SHRI R.K. MITTAL,
AGED ABOUT 41 YEARS,
Digitally R/O FLAT NO.Q-101,
signed by AJMERA INFINITY,
SUMA
Location: NEELADRI ROAD,
HIGH ELECTRONIC CITY PHASE -1,
COURT OF
KARNATAKA BANGALORE-560 100
2. MR. KANHU CHARAN SAHU
S/O SHRI BAHAGABAN SAHU,
AGED ABOUT 35 YEARS,
R/O NO.4,
SRINIVAS REDDY BUILDING,
GOLLAHALLI ROAD,
BOMMASANDRA INDUSTRIAL ESTATE,
BANGALORE-560 099.
-2-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
3. CHANDRASHEKAR
S/O. GOPAL KOTTARI
159/2, 2ND FLOOR, C/O. MUNVER,
BETTADSASANAPURA VILLAGE,
BEGUR HOBLI, ELECTRONIC CITY,
BENGALURU-560068.
4. MR. MANGALAM SINGHANIA
S/O LATE SRI R.L. SINGHANIA,
AGED ABOUT 35 YEARS,
R/O FLAT NO.E-1704,
AJMERA INFINITY,
NEELADRI ROAD,
ELECTRONIC CITY PHASE-1,
BANGALORE-560 100
5. MR. PRANJIT BORAH
S/O SHRI G.C. BORAH
AGED ABOUT 38 YEARS
R/O FLAT NO.B-901,
AJMERA INFINITY,
NEELADRI ROAD,
ELECTRONIC CITY PHASE-1
BANGALORE-560 100
6. MR. AMITESH RANJAN
S/O RANJAN KUMAR,
AGED ABOUT 38 YEARS,
R/O FLAT NO.I-401,
AJMERA INFINITY,
NEELADRI ROAD,
ELECTRONIC CITY PHASE-1,
BANGALORE-560 100.
7. MR. GYAN SHANKER ROY
S/O SHRI K.B. ROY,
AGED ABOUT 42 YEARS,
R/O FLAT NO.D-1602,
AJMERA INFINITY,
NEELADRI ROAD,
ELECTRONIC CITY PHASE-1,
-3-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
BANGALORE-560 100
...PETITIONERS
(BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL ALONGWITH
SMT. SNEHA NAGARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE STATION,
POLICE, BANGALORE
2. MR. SATHENDRA KAMPARIA
S/O MR. P.L.KAMPARIA,
AGED 57 YEARS,
R/O RAMOJIREDDY BUILDING,
KIRTI LAYOUT, 10TH CROSS,
CHANDAPURA,
ANEKAL ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. SHANKAR H.S., HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. S.S.NAGANAND, SENIOR COUNSEL FOR
SMT. SUMANA NAGANAND, ADVOCATE FOR
RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS WITH RESPECT TO THE PETITIONERS IN
C.C.NO.5775/2016 PENDING IN THE COURT OF THE C.J.M.,
BANGALORE RURAL DISTRICT, BANGALORE ARISING OUT OF
CR.NO.326/2016 OF ELECTRONIC CITY POLICE STATION,
BANGALORE, TO PREVENT THE ABUSE OF PROCESS OF THE
COURT.
IN CRL.P.NO.8323/2016:
BETWEEN:
1. MR. MANGALAM SINGHANIA
S/O LATE SRI. R.L.SINGHANIA,
AGED ABOUT 35 YEARS,
-4-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
R/AT FLAT NO.E 1704, AJMERA INFINITY,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BANGALORE-560100
2. MR. AMITESH RANJAN
S/O RANJAN KUMAR,
AGED ABOUT 38 YEARS,
R/O FLAT NO.I-401, AJMERA INFINITY,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BANGALORE-560100.
3. MR. VISHAL MITTAL
S/O SHRI. R.K.MITTAL,
AGED ABOUT 41 YEARS,
R/O FLAT NO.Q-101, AJMERA INFINITY,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BANGALORE-560100
4. MR. PRANJIT BORA
S/O SHRI. G.C.BORAH,
AGED ABOUT 38 YEARS,
R/O FLAT NO.B-901, AJMERA INFINITY,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BANGALORE-560100
5. MR. KANHU CHARAN SAHU
S/O SHRI.BAHAGABAN SAHU,
AGED ABOUT 35 YEARS,
R/O NO.4, SRINIVAS REDDY BUILDING,
GOLLAHALLI ROAD, BANGALORE SOUTH,
BOMMASANDRA INDUSTRIAL ESTATE,
BANGALORE-560099
6. MR. GYAN SHANKER ROY
S/O SHRI. K.B.ROY,
AGED ABOUT 42 YEARS,
R/O FLAT NO.D-1602, AJMERA INFINITY,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BANGALORE-560100
7. MR. DEBASIS BATTACHARYA
S/O SHRI. SUBRATA BHATTACHARYA,
-5-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
AGED ABOUT 40 YEARS,
R/O FLAT NO.L-1201, AJMERA INFINITY,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BANGALORE-560100
...PETITIONERS
(BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL ALONGWITH
SMT. SNEHA NAGARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE STATION,
POLICE, BANGALORE-560100
2. MR. MADAN KUMAR,
B-16, AJMERA INFINITY VILLOWS,
NEELADRI ROAD, ELECTRONIC CITY,
BANGALORE-560100.
...RESPONDENTS
(BY SRI. SHANKAR H.S., HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. S.V. GIRIDHAR, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS WITH RESPECT TO THE PETITIONERS IN
C.C.NO.5587/2016 ARISING OUT OF CR.NO.194/2016 PENDING
ON THE FILE OF C.J.M., BENGALURU RURAL DISTRICT,
BENGALURU.
IN CRL.P.NO.8329/2016:
BETWEEN:
1. VISHAL MITTAL
S/O R.K. MITTAL
AGED ABOUT 42 YEARS
PRESIDENT -AJMERA INFINITY APARTMENT
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
-6-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
BENGALURU-560 100.
2. PRANJIT BOHRA
S/O GOJEN CHANDRA BORAH,
AGED ABOUT 42 YEARS
SECRETRY -AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
3. SURABHI MONGA
W/O SANJEEV ROUTRAY,
AGED ABOUT 34 YEARS
TREASURER-AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
4. KANNU @ KANNU CHARAN SAHU
S/O BHAGABAN SAHU
AGED ABOUT 34 YEARS
MANAGER-AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
5. MITHUN AGARWAL
S/O LATE DINESH KUMAR AGARWAL,
AGED ABOUT 35 YEARS,
AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
6. NITHIN LACHAWAMI
S/O LATE KESHAV KUMAR LACHWANI
AGED ABOUT 39 YEARS
AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
-7-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
7. NEHA ZINDALI
W/O AMIT KUMAR GUPTA,
AGED ABOUT 35 YEARS
AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
8. AMIT RAO
S/O LATE VIJAY GOPALAKRISHNA RAO
AGED ABOUT 40 YEARS
AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
9. MANGALAM SINGANIA
LATE. RAMESHWAR LAL SINGHANIA,
AGED ABOUT 30 YEARS,
AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
10. AMITESH RANJAN
S/O RANJAN KUMAR
AGED ABOUT 38 YEARS,
AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
11. SUDARSHAN KARPURKAR
AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
12. ANJAN GOSWAMI
S/O LATE K.K. GOSWAMI,
AGED ABOUT 36 YEARS,
FLAT NO. P-303,
-8-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
AJMERA INFINITY APARTMENTS
OWNERS' ASSOCIATION,
NEELADRI ROAD, ELECTRONIC CITY,
BENGALURU-560 100.
...PETITIONERS
(BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL ALONGWITH
SRI. LOKESH ANJANAPPA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560001.
...RESPONDENT
(BY SRI. SHANKAR H.S., HIGH COURT GOVERNMENT PLEADER)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
NOTICE PASSED BY THE LEARNED THASILDHAR AND EXECUTIVE
MAGISTRATE, BENGALURU SOUTH TALUK AT BENGALURU IN
CASE NO. MAG(107)/CR/14/2016-17 AND CONSEQUENTLY
QUASH THE ENTIRE PROCEEDINGS.
IN CRL.P.NO.8330/2016:
BETWEEN:
1. ANJAN GOSWAMI
S/O LATE K.K. GOSWAMI,
AGED ABOUT 36 YEARS,
R/A FLAT NO.P-303,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BENGALURU-560100.
2. MOHD. WASIF @ WASIF,
S/O NAZEERUDDIN AHMED,
AGED ABOUT 36 YEARS,
-9-
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
R/A FLAT NO I - 901,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BENGALURU-560100.
3. KINJAL DOSHI @ KINJAL
W/O RAHUL JOHRI,
AGED ABOUT 37 YEARS,
R/A FLAT NO K-703,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-1, BENGALURU-560100.
...PETITIONERS
(BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL ALONGWITH
SRI. LOKESH ANJANAPPA AND SMT. BEENA DEVARAJ,
ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURTS BUILDING, B'LORE-01.
2. VARUN NAYAK
ASST. GENERAL MANAGER,
AJMERA INFINITY HOUSING CORPORATION,
NEELADRI ROAD, BANGALORE CITY,
KARNATAKA-560100.
...RESPONDENTS
(BY SRI. SHANKAR H.S., HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. S.S.NAGANAND, SENIOR COUNSEL FOR SMT. SUMANA
NAGANAND, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.5473/2016 PENDING ON THE FILE OF
C.J.M., BENGALURU RURAL, BENGALURU FOR OFFENCES
PUNISHABLE UNDER SECTION 448, 341, 504, 506 READ WITH 34
OF IPC.
- 10 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
IN CRL.P.NO.8331/2016:
BETWEEN:
1. VISHAL MITTAL
S/O. R.K. MITTAL,
AGED ABOUT 42 YEARS,
R/AT FLAT NO.Q-101,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-I, BENGALURU-560 100.
2. KANHU @ KANHU CHARAN SAHU
S/O. BHAGABAN SAHU,
AGED ABOUT 34 YEARS,
O/O. AJMERA INFINITY APT., OWNERS' ASSN.
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-I, BENGALURU-560 100.
3. MIHUL AGARWAL
S/O. LATE DINESH KUMAR AGARWAL,
AGED ABOUT 35 YEARS,
R/A FLAT NO.Q-302,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-I, BENGALURU-560 100.
4. PRAJIT BOHRA
S/O. GOJEN CHANDRA BOHRA,
AGED ABOUT 42 YEARS,
R/AT FLAT NO.B-901,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-I, BENGALURU-560 100.
5. SURABHI MONGA
W/O. SANJEEV ROUTRAY,
AGED ABOUT 34 YEARS,
R/AT FLAT NO.N-403,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
- 11 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
PHASE-I, BENGALURU-560 100.
6. NITHIL @ NITHIN LACHAWAMI
S/O. LATE KESHAV KUMAR LACHWANI,
AGED ABOUT 39 YEARS,
R/AT FLAT NO.K-302,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-I, BENGALURU-560 100.
7. NEHA JINDAL
W/O. AMIT KUMAR GUPTA,
AGED ABOUT 35 YEARS,
R/AT FLAT NO. L-902,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-I, BENGALURU-560 100.
8. AMIT RAO
S/O. LATE VIJAY GOPALAKRISHNA RAO,
AGED ABOUT 40 YEARS,
R/AT FLAT NO. H-1403,
AJMERA INFINITY APARTMENTS,
NEELADRI ROAD, ELECTRONIC CITY,
PHASE-I, BENGALURU-560 100.
...PETITIONERS
(BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL ALONGWITH
SRI. LOKESH ANJANAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-01.
2. SIRAJ HAFEEZ
SENIOR MANAGER - ADMINISTRATION
AJMERA INFINITY HOUSING CORPORATION,
BANGALORE CITY-560100.
- 12 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
...RESPONDENTS
(BY SRI. BHASKAR H.S., HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. S.S.NAGANAND, SENIOR COUNSEL FOR SMT. SUMANA
NAGANAND, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.5586/2016 PENDING ON THE FILE OF
C.J.M., BENGALURU RURAL, BENGALURU FOR OFFENCES
PUNISHABLE UNDER SECTIONS 143, 447, 506 READ WITH 149 OF
IPC.
IN CRL.P.NO.668/2017:
BETWEEN:
1. MR. VISHAL MITTAL
S/O SHRI R.K. MITTAL,
AGED ABOUT 41 YEARS,
R/O FLAT NO.Q-101,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
2. MR. PRANJIT BORA
S/O SHRI G.C. BORAH,
AGED ABOUT 38 YEARS,
R/O FLAT NO.B-901,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
3. MS. SURABHI MOGHA
W/O SANJEEV ROUTRAY,
AGED ABOUT 34 YEARS,
R/O FLAT NO.N-403,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
- 13 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
4. MR. MANGALAM SINGHANIA
S//O LATE SRI. R.L. SINGHANIA,
AGED ABOUT 35 YEARS,
R/O FLAT NO.E-1704,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
5. MR. AMITESH RANJAN
S/O RANJAN KUMAR
AGED ABOUT 38 YEARS
R/O FLAT NO.I-401,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
6. MR. MIHUL AGARWAL
S/O LATE DINESH KR AGARWAL,
AGED ABOUT 35 YEARS,
R/O FLAT NO.Q-702,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
7. MR. GYAN SHANKER ROY
S/O SHRI K.B. ROY,
AGED ABOUT 42 YEARS,
R/O FLAT NO.D-1602,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
8. MR. SUDARSHAN
S/O S. CHOWDAPPA,
AGED ABOUT 43 YEARS,
R/O L-1101
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
9. MR. KANHU CHARAN SAHU
S/O SHRI BAHAGABAN SAHU,
- 14 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
AGED ABOUT 35 YEARS,
R/O NO.4, SRINIVAS REDDY BUILDING,
GOLLAHALLI ROAD, BANGALORE SOUTH,
BOMMASANDRA INDUSTRIAL ESTATE,
BANGALORE-560 099.
10. MR. DEBASIS BATTACHARYA
S/O SHRI SUBRATA BHATTACHARYA
AGED ABOUT 40 YEARS
R/A FLAT NO.L-1201,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
11. MR. NITIN LACHAVANI
S/O LATE KESHAV KUMAR LACHWANI,
AGED ABOUT 39 YEARS
R/A FLAT NO.K-302
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
12. MS. NEHA JINDAL
W/O AMIT KUMAR GUPTA,
AGED ABOUT 35 YEARS
R/O FLAT NO.L-902,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
13. MR. AMIT RAO
S/O LATE VIJAY GOPALKRISHNA RAO,
AGED ABOUT 40 YEARS,
R/O FLAT NO.H-1403,
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
14. MS. KINJAL JOSHI
W/O RAHUL JOHRI
AGED ABOUT 37 YEARS
R/O FLAT NO.K-703
- 15 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
15. MR. MOHAMMED WASIF
S/O NAZEERUDDIN AZEEUDDIN AHMED,
AGED ABOUT 36 YEARS
R/O FLAT NO.I-901
AJMERA INFINTIY, NEELADRI ROAD,
ELECTRONIC CITY, PHASE-1,
BANGALORE-560100.
...PETITIONERS
(BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL FOR
MS. SNEHA NAGARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE STATION
POLICE, BANGALORE.
2. MR. DEEPAK MEHTA
CEO,
M/S AJMERA HOUSING CORPORATION (BANGALORE)
AJMERA SUMMIT, NO.3/D,
4TH FLOOR, 7TH C MAIN,
3RD CROSS, 3RD BLOCK,
KORAMANGALA,
BANGALORE-560034
...RESPONDENTS
(BY SRI. H.S.SHANKAR, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. S.S.NAGANAND, SENIOR COUNSEL FOR SMT. SUMANA
NAGANAND, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS WITH RESPECT TO THE PETITIONERS IN
C.C.NO.7130/2016 PENDING IN THE COURT OF THE C.J.M.,
BANGALORE RURAL COURT, BANGALORE ARISING OUT OF
- 16 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
CR.NO.287/2016 OF ELECTRONIC CITY POLICE STATION,
BANGALORE, TO PREVENT THE ABUSE OF PROCESS OF THE
COURT.
IN CRL.P.NO.6827/2019:
BETWEEN:
SRI. MADHAN KUMAR D.K.
AGED ABOUT 44 YEARS,
S/O.LATE SRI. S.D.KAMALESWARAN,
NO.B-16, AJMERA INFINITY VILLOWS,
NEELADRI ROAD, ELECTRONCI CITY,
BENGALURU-560100.
...PETITIONER
(BY SRI. SATYANARAYANA CHALKE S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
STATION HOUSE OFFICER,
ELECTRONIC CITY POLICE STATION,
MICO LAYOUT SUB-DIVISION,
BENGALURU CITY-560100.
REPT. BY ITS SPP,
HIGH COURT OF KARNATAKA BUIDLING,
BENGALURU-560001
2. M/S AJMERA INFINITY APARTMENT
OWNERS' WELFARE ASSOCIATION ®
SITUATED AT ELECTRONIC CITY, PHASE-1,
BENGALURU-560100
REPRESENTED BY IS PRESIDENT,
MR.VISHAL MITTAL.
...RESPONDENTS
(BY SRI. SHANKAR H.S., HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. SANDESH S. CHOUTA, SENIOR COUNSEL FOR MS. SNEHA
NAGARAJ, ADVOCATE FOR RESPONDENT NO.2)
- 17 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.2427/2017 ON THE FILE OF THE
LEARNED II ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
BENGALURU RURAL DISTRICT, AT BENGALURU AS AGAINST THE
PETITIONER AND ETC.,
IN CRL.P.NO.10139/2022:
BETWEEN:
VARUN NAYAK
SON OF NAGESH BEKAL NAYAK,
AGED ABOUT 35 YEARS,
RESIDENT OF FLAT NO.B-103,
KOOL HOMES RISING LANDSCAPE
SURVEY NO.4/3/1,
NEAR DPS SCHOOL,
MOHAMMAD WADI,
PUNE CITY, PUNE- 411060
...PETITIONER
(BY SRI. S.S.NAGANAND, SENIOR COUNSEL FOR
SMT. SUMANA NAGANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE STATION
BENGALURU-560100
REPRESENTED HEREIN BY
PUBLIC PROSECUTOR
2. VISHAL MITTAL
SON OF R.K. MITTAL
AGED ABOUT 46 YEARS,
RESIDING NO.Q-101,
AJMERA INFINITY, NEELADRI ROAD,
ELECTRONIC CITY PHASE-I,
BENGALURU-560100.
...RESPONDENTS
(BY SRI. SHANKAR H.S., HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
- 18 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
SRI. SANDESH J. CHOUTA, SENIOR COUNSEL FOR MS. SNEHA
NAGARAJ, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
CHARGE SHEET DATED 12.10.2016 (ANNEXURE-A) IN
C.C.NO.8902/2017 ON THE FILE OF THE LEARNED CJM,
BANGALORE RURAL DISTRICT, BANGALORE AND ETC.
IN CRL.P.10185/2022:
BETWEEN:
1. DEEPAK MEHTA
SON OF LATE S.J. MEHTA,
AGED ABOUT 68 YEARS,
RESIDENT OF K-1901,
AJMERA INFINITY, NEELADRI ROAD,
ELECTRONIC CITY PHASE-1,
BENGALURU-560100.
2. SIRAJ HAFIZ
SON OF LATE H.M. HAFIZ,
AGED ABOUT 70 YEARS
NO.55, C.K. GARDEN,
WHEELERS ROAD EXTN.,
ST. THOMAS TOWN,
BENGALURU - 560084
3. SATHINDRA KAMPARIA
SON OF P.L. KAMPARIA
AGED ABOUT 63 YEARS
RESIDING AT RAMOJI REDDY BUILDINGS,
KEERTHI LAYOUT, 10TH CROSS ROAD,
CHANDAPURA, ANEKAL TALUK,
BENGALURU DISTRICT.
4. LOHITH
SON OF MUNIYAPPA
AGED ABOUT 29 YEARS
RESIDING AT VAISHNAVI TEMPLE ROAD,
- 19 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
KRISHNA LAYOUT, HULIMAVU,
BENGALURU-560076.
5. SRINIDHI
SON OF NARAYAN KUMAR
AGED ABOUT 26 YEARS
RESIDING AT NO.20, 1ST CROSS,
JANATHA COLONY, HULIMAVU,
BENGALURU-560076.
6. DEVARAJU
SON OF RAJAPPA
AGED ABOUT 31 YEARS
RESIDING NEAR SHRI KODANDARAMASWAMY TEMPLE,
1ST CROSS, HULIMAVU,
BENGALURU-560076.
...PETITIONERS
(BY SRI. S.S.NAGANAND, SENIOR COUNSEL FOR
SMT. SUMANA NAGANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ELECTRONIC CITY POLICE STATION,
BENGALURU - 560100
REPRESENTED HEREIN BY
PUBLIC PROSECUTOR
2. VISHAL MITTAL
SON OF R.K. MITTAL,
AGED AOBUT 46 YEARS,
R/AT FLAT NO.Q-101,
AJMERA INFINITY, NEELADRI ROAD,
ELECTRONIC CITY PHASE-1,
BENGALURU - 560100
...RESPONDENTS
(BY SRI. SHANKAR H.S., HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. SANDESH J. CHOUTA, SENIOR COUNSEL FOR MS. SNEHA
NAGARAJ, ADVOCATE FOR RESPONDENT NO.2)
- 20 -
NC: 2023:KHC:28481
CRL.P No.667 of 2017 C/W
CRL.P No.8323 of 2016, CRL.P No.8329 of 2016,
CRL.P No 8330 of 2016, CRL.P No.8331 of 2016,
CRL.P No.668 of 2017, CRL.P No. 6827 of 2019,
CRL.P No.10139 of 2022,
CRL.P No.10185 of 2022
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE
OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
CHARGE SHEET DATE 12.10.2016 (ANNEXURE A) IN
C.C.NO.2427/2017 ON THE FILE OF THE LEARNED CHIEF
JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT
BENGALURU AND ETC.
THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Crl.P.No.667/2017 is filed by the accused 1 to 7 challenging their prosecution in C.C.No.5775/2016 launched by respondent No.1 for the offences punishable under Sections 143, 448, 427, 504, 506, 380 read with 149 of the Indian Penal Code (henceforth referred to as 'IPC' for short) pending trial before the Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.
2. Crl.P.No.8329/2016 is filed by the accused Nos.1 to 12 challenging a notice dated 08.06.2016 issued by the respondent No.1 under Section 107 of the Code of Criminal Procedure.
3. Crl.P.No.8330/2016 is filed by the accused Nos.1 to 3 challenging their prosecution in C.C.No.5473/2016 by
- 21 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 respondent No.1 for the offences punishable under Sections 448, 341, 504, 506 read with 34 of IPC pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.
4. Crl.P.No.8331/2016 is filed by the accused Nos.1 to 8 challenging the prosecution launched against them by respondent No.1 in C.C.No.5586/2016 for the offences punishable under Sections 143, 447, 506 read with 149 of IPC pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.
5. Crl.P.No.8323/2016 is filed by the accused Nos.1 to 7 challenging the prosecution launched against them by respondent No.1 in C.C.No.5587/2016 for the offences punishable under Sections 143, 430, 341 and 506 read with 149 of IPC pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.
6. Crl.P.No.668/2017 is filed by the accused Nos.1 to 15 challenging the prosecution launched against them by respondent No.1 in C.C.No.7130/2016 for the offences
- 22 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 punishable under Sections 143, 147, 341, 504 and 506 read with 149 of IPC pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.
7. Crl.P.No.6827/2019 is filed by accused No.3 challenging the prosecution launched against them by respondent No.1 in C.C.No.2427/2017 for the offences punishable under Sections 447, 427, 506 read with 34 of IPC pending trial before the II Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.
8. Crl.P.No.10139/2022 is filed by the accused No.4 challenging the prosecution launched against them by respondent No.1 in C.C.No.8902/2017 for the offences punishable under Sections 447, 427, 506, read with 34 of IPC pending trial before the Chief Judicial Magistrate, Bengaluru Rural, Bengaluru
9. Crl.P.No.10185/2022 is filed by the accused Nos.1, 2, 5, 6, 7 & 8 in C.C.No.2427/2017 challenging the prosecution launched against them by respondent No.1 for
- 23 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 the offences punishable under Sections 447, 427, 506 read with 34 of IPC, pending trial before the II Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.
10. For the sake of clarity and easy understanding, the Ajmera Infinity Apartment Owners Association shall henceforth be referred to as 'AIAOA'. The Ajmera Housing Corporation shall be referred to as 'AHC'. The Ajmera Willows shall be referred as 'AW' and Ajmera Avenue shall be referred to as 'AA'.
11. The respondent No.2 in Crl.P. No.667/2017 informed the respondent No.1 on 06.06.2016 that he was employed as a store manager at AHC. He claimed that on 04.06.2016 at about 11:30 a.m., while he and his co- workers were near the Ajmera infinity 'G' block store room, the members of AIAOA namely, the accused/petitioners formed an unlawful assembly and assembled in front of store room of 'G' block and broke open the lock and barged into the store room and stole equipments and documents related to the apartment. When the complainant and his colleagues
- 24 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 enquired, they abused them and threatened them of their life. This apart, it was alleged that, they also broke open the store room in 'H' block and caused a loss of nearly Rs.40,000/-. He therefore, prayed that suitable action be initiated against the accused. Based on this, the jurisdictional police registered Cr.No.326/2016 for the offences under Sections 143, 448, 427, 504, 506, 380, r/w 149 of IPC. After conducting an investigation, a charge sheet was filed in C.C.No.5775/2016 for the offences punishable under Sections 143, 448, 427, 504, 506, 380 r/w 149 of IPC. The Trial Court took cognizance and issued process to the accused, who have all challenged the order taking cognizance as well as the proceedings initiated against them in the aforesaid petition.
12. The respondent No.2 in Crl.P.No.8330/2016 informed the respondent No.1 on 14.04.2016 that when he was on his job, at Ajmera Infinity Marketing Office, the accused tried to attack him and used foul language and threatened him of his life for leaving his car at the marketing
- 25 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 parking space. He alleged that the accused had forcibly locked the wheel of the car and have deflated the tyres. Based on this, the respondent No.1 registered Cr.No.202/2016 for the offences punishable under Sections 448, 341, 504 & 506 read with 34 of IPC. After investigation, a charge sheet is filed in C.C. No.5473/2016 for the offences punishable under Sections 448, 341, 504, 506 read with 34 of IPC. The Trial Court took cognizance and issued process to the accused who have all challenged the order taking cognizance as well as the proceedings initiated against them in the aforesaid petition.
13. The respondent No.2 in Crl.P.No.8331/2016 lodged a complaint on 30.05.2016 alleging that the accused being office bearers and members of the AIAOA were creating problems to the residents and were interfering with the proper functioning and affairs of the residents. He alleged that the accused were disrupting water and electricity supply to the residents of Ajmera Willows, Phase - 2, unmindful that the residents were senior citizens, women
- 26 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 and children. He alleged that on 17.05.2016 when he was near the marketing office of AHC, he noticed two vehicles namely, an ambulance and an electrical buggy that were parked in the parking area used by marketing office. He immediately informed the security and asked him to remove the said vehicles, as it was causing nuisance. However, the security did not take any steps. He claimed that after checking CCTV footage, he saw that the vehicles were parked between 04.30 a.m., and 05:00 a.m., by four security guards attached to Indian Security Services. When he questioned them, he was informed that the vehicles were parked as per the instructions of the office bearers of AIAOA and that they were helpless. When he enquired with the office bearers of AIAOA, they told that they would not remove the vehicles. When he tried to move the vehicles, the accused along with security guards threatened him that they would chop his limbs and ransack the marketing office and set it on fire. He alleged that they were holding a 10 litre can, which they claimed contained petrol and threatened
- 27 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 that if he moved the vehicles, they would burn down the office. Based on this complaint, respondent No.1 registered Cr.No.314/2016 for the offences punishable under Sections 447, 506 r/w 34 of IPC and after conducting an investigation, a charge sheet was filed in C.C.No.5586/2016. The trial Court took cognizance for the offences punishable under Sections 143, 447, 506 read with 149 of IPC and issued process which is now challenged in Crl.P.No.8331/2016.
14. The respondent No.2 in Crl.P.No.8323/2016 had informed the respondent No.1 on 11.04.2016 that the office bearers of AIAOA had disrupted the water supply to the houses in Ajmera Willows, causing trouble and hardship. He alleged that the reason was that there was on going negotiation between AIAOA and AHC relating to water charges and providing other common amenities. He alleged that AIAOA had threatened to stop the entry and exit to the AW and had put up a banner threatening the residents of AW. Based on this, the respondent No.1 registered
- 28 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 Cr.No.194/2016 for the offences under 341, 506 read with 34 of IPC. The respondent No.1 after investigating the offence filed a charge sheet in C.C.No.5587/2016. The trial court took cognizance for the offences punishable under Sections 143, 430, 341 and 506 read with 149 of IPC and issued process, the same is challenged in this petition.
15. The respondent No.2 in Crl.P.No.668/2017 had informed respondent No.1 on 20.05.2016 that on 08.05.2016, the President and Secretary of AIAOA and other apartment owners had formed an unlawful assembly and threatened the owners of AA & AW and restrained them from using the entrance and had also put up a banner. They also laid hollow brick wall to stop people from moving towards Ajmera Avenue. Based on this complaint, respondent No.1 registered complaint in Cr.No.287/2016 for the offences under Sections 143, 147, 341, 427, 504 & 506 read with 149 of IPC. After investigation, the respondent No.1 filed charge sheet in C.C.No.7130/2016 for the offences punishable under Sections 143, 147, 341, 504, 506 read with 149 of IPC. The
- 29 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 jurisdictional Court took cognizance and issued process to the accused and therefore, the accused have challenged the same as well as the criminal proceedings initiated against them in the aforesaid petition.
16. The respondent No.2 in Crl.P.No.6827/2019 informed respondent No.1 on 16.04.2016 that they were the residents of Ajmera Infinity. They alleged that some workers were found trying to lay pipes in their property on the boundary walls, thereby damaging it. He alleged that he was informed by them that they entered the campus at the instance of AHC and residents of AA. Therefore, he alleged that the accused had entered the campus without informing AIAOA and without seeking their permission. He alleged that though he demanded them to vacate, but they continued to remain on the campus. Thus he requested the respondent No.1 to take action. Based on this, the respondent No.1 registered Cr.No.203/2016 for the offences punishable under Sections 447, 427, 506 read with 34 of IPC. After investigation, a charge sheet was filed in C.C.No.2427/2017
- 30 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 for the aforesaid offences. The trial court took cognizance and issued process which is challenged in this petition.
17. The respondent No.2 in Crl.P.No.10139/2022 had informed respondent No.1 on 16.04.2016 that AIAOA had constructed a compound wall, for the purpose of security, cordoning off the Ajmera Infinity and Ajmera Willows. However, on 13.4.2016, the accused had trespassed into the apartment and damaged the wall and had also laid water pipes and when questioned, they threatened to teach them a lesson. Based on this, respondent No.1 registered Cr.No.203/2016 for the offences punishable under Sections 447, 427, 506 read with 34 of IPC. Thereafter respondent No.1 filed a charge sheet in C.C.No.8902/2017 for the aforesaid offences. The trial court took cognizance for the aforesaid offences and issued process which is challenged by the accused.
18. The respondent No.2 in Crl.P.10185/2022 informed the respondent No.1 on 16.04.2016 that they were the residents of Ajmera Infinity Apartments. They claimed
- 31 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 that on 13.04.2016 they saw some workers laying water pipes within their apartment complex, on the boundary wall, thus, damaging it and when they checked with them, they claimed that they were installing the pipes at the instance of AHC and the residents of AA. When they requested not to go on with the work, they forcefully continued it. Therefore they alleged that workers had entered the campus without the permission of AIAOA. Based on this, the jurisdictional police registered Cr.No.203/2016 for the offences under Sections 447, 427, 506 read with Section 34 of IPC. After investigation, the charge sheet was filed in C.C.No.2427/2017 for the offences punishable under Section 447, 427, 506 read with Section 34 of IPC.
19. The learned senior counsel for the petitioners as well as the learned counsel in all these cases contended that the prosecution launched is clearly an abuse of the process of law since the parties are already before the Civil Court which is yet to adjudicate the claim of each other. The fact that the parties are litigating before the Civil Court is not
- 32 -
NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 disputed by the learned senior counsel for the respondent No.2. The High Court Government Pleader however contended that the respondent No.1 has after an investigation held that cognizable offences are made out and has laid a charge sheet before the Courts and hence the contentions urged in these petitions have to be tested at the trial.
20. I have perused the complaints as well as consequent charge sheets filed in the aforementioned cases. The aforesaid complaints would disclose that an association named Ajmera Infinity Apartment Owners Association (AIAOA) is comprised of owners of the Ajmera Infinity Apartments. It also discloses that the Ajmera Housing Corporation (AHC) is a developer who had allegedly constructed Ajmera Willows (AW) and Ajmera Avenue (AA) apartments. Therefore, they seems to be some strife between the owners of Ajmera Infinity, Ajmera Willows and Ajmera Avenue as well as Ajmera Housing Corporation. There were on going disputes between the residents of three
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NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 apartments Ajmera Infinity, Ajmera Willows, Ajmera Avenue, regarding the entry through the common entrance as well as use of the club, purportedly reserved only for the use of residents of Ajmera Infinity. Further, there was a dispute regarding the place where the marketing office of Ajmera Housing Corporation is located. It is noticed that civil suits are also filed in O.S.Nos.250/2016 and 306/2016 by the owners of Ajmera Avenue and Ajmera Willows against the Ajmera Housing Corporation and AIAOA. Likewise AIAOA, had filed O.S.No.530/2016 against Ajmera Housing Corporation and the erstwhile land owners and similarly, it had filed O.S.No.601/2016 against the Ajmera Housing Corporation and three residents of Ajmera Willows.
21. All these cases invariably point to the strife between residents of three apartments lying within one boundary. The charge sheets and the complaints filed in the aforesaid cases, do not indicate any criminality, but on the contrary indicates that the complainants as wells as the accused in the respective cases, all are fighting to vindicate
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NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 their civil rights concerning their apartments and the amenities therein. When there are litigations there are bound to be sparks and every spark cannot result in a action for prosecution. It is therefore, not appropriate to continue the criminal prosecution against the petitioners in the above cases.
In view of the above, all these petitions are allowed. Consequently,
(i) the impugned prosecution of the accused Nos.1 to 7 in C.C.No.5775/2016 registered for the offences punishable under Sections 143, 448, 427, 504, 506 380, read with 149 of IPC pending trial before the Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is quashed.
(ii) impugned prosecution of accused Nos.1 to 3 in C.C.No.5473/2016 for the offences punishable under Sections 448, 341, 504, 506 read with 34 of IPC
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NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is quashed
(iii) the impugned prosecution of accused Nos.1 to 8 in C.C.No.5586/2016 for the offences punishable under Sections 143, 447, 506 read with 149 of IPC pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is quashed,
(iv) impugned prosecution of accused Nos.1 to 7 in C.C.No.5587/2016 for the offences punishable under Sections 143, 430, 341 and 506 read with 149 of IPC pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is quashed,
(v) impugned prosecution of accused Nos.1 to 15 C.C.No.7130/2016 for the offences punishable under Sections 143, 147, 341, 504 and 506 read with 149 of IPC pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is quashed,
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NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022
(vi) impugned prosecution of accused No.3 in C.C.No.2427/2017 for the offences punishable under Sections 447, 427, 506 read with 34 of IPC pending trial before II Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is quashed,
(vii) impugned prosecution of accused No.4 in C.C.No.8902/2017 for the offences punishable under Sections 447, 427, 506 read with 34 of IPC pending trial before Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is quashed and
(viii) impugned prosecution of accused Nos. 1, 2, 5, 6, 7 and 8 in C.C.No.2427/2017 for the offences punishable under Sections 447, 427, 506 read with 34 of IPC, pending trial before II Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru is quashed.
(ix) The notice dated 08.06.2016 issued by respondent No.1 in Crl.P.No.8329/2016 under Section 107 of Cr.P.C. is quashed.
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NC: 2023:KHC:28481 CRL.P No.667 of 2017 C/W CRL.P No.8323 of 2016, CRL.P No.8329 of 2016, CRL.P No 8330 of 2016, CRL.P No.8331 of 2016, CRL.P No.668 of 2017, CRL.P No. 6827 of 2019, CRL.P No.10139 of 2022, CRL.P No.10185 of 2022 However, the parties are directed to work out their remedies before the Civil Court in the suits already filed in accordance with law.
Sd/-
JUDGE HJ List No.: 1 Sl No.: 23