Karnataka High Court
Shivanagouda Veerapangouda ... vs The Inspector Of Legal Meterology on 30 November, 2016
Author: S.N.Satyanarayana
Bench: S.N. Satyanarayana
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 30TH DAY OF NOVEMBER 2016
BEFORE
THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA
Crl.P.No.101114/2015
BETWEEN:
1. SHIVANAGOUDA VEERAPANGOUDA ONKARIGOUDAR,
AGE:50 YEARS,
VIDDUITH PRABHA TRADERS ELECTRICAL
ELECTRAONIC HOME, APPLIANCES SHOP NO.10
FIRST FLOOR, PRESTIGE PLAZA
DAMMANAGI COMPLEX, NEAR OLD BUS STAND,
HUBLI-580029.
2. JAADAVAGI LALAGI SHAHA,
GREAT WHITE ELECTRICALSJ PVT. LTD.,
36/1, H-8, OPPOSITE GOWSHALLA, GUNDLAV,
CHAR ROAD, VALSAD-396001, GUJARATH STATE.
3. HEMANG JAADAVAGI SHAHA,
GREAT WHITE ELECTRICALSJ PVT. LTD.,
36/1, H-8, OPPOSITE GOWSHALLA, GUNDLAV,
CHAR ROAD, VALSAD-396001
GUJARATH STATE
4. MEHUL JAADAVAGI SHAHA,
GREAT WHITE ELECTRICALSJ PVT. LTD.,
36/1, H-8, OPPOSITE GOWSHALLA, GUNDLAV,
CHAR ROAD, VALSAD-396001
GUJARATH STATE
5. KAILASH GIDWANIYA,
GREAT WHITE ELECTRICALSJ PVT. LTD.,
36/1, H-8, OPPOSITE GOWSHALLA, GUNDLAV, CHAR ROAD
VALSAD-396001, GUJARATH STATE.
2
6. SANTOSH SINGH,
GREAT WHITE ELECTRICALSJ PVT. LTD.,
36/1, H-8, OPPOSITE GOWSHALLA, GUNDLAV,
CHAR ROAD, VALSAD-396001, GUJARATH STATE.
7. CHIRAG BORADIYA,
GREAT WHITE ELECTRICALSJ PVT. LTD.,
36/1, H-8, OPPOSITE GOWSHALLA, GUNDLAV, CHAR ROAD
VALSAD-396001, GUJARATH STATE.
8. RAVIKUMAR V. KULKARNI,
GURURAJ KRUPA, HOUSE NO.47/A,
INDRA COLONY RAMESH BHAVAN,
HUBBALLI-580023.
.. PETITIONERS
(BY SRI.A.R.PATIL, ADV.)
AND:
THE INSPECTOR OF LEGAL METEROLOGY,
HUBLI SUB DIVISION-2, HUBLI.
...RESPONDENT
THIS PETITION IS FILED UNDER SECTION U/S 482 OF
CR.P.C. SEEKING TO THE ORDER OF ISSUE OF PROCESSES
AGAINST THE PETITIONERS IN C.C.NO.2132/2013
(P.C.NO.1120/2013) IN THE COURT OF THE PRL. CIVIL JUDGE
(JR.DN.) & JMFC, HUBLI, BE TO QUASH THE COMPLAINT IN
C.C.NO.2132/2013 (P.C.NO.1120/2013) FILED BY THE
RESPONDENT BEFORE THE PRL. CIVIL JUDGE & JMFC COURT,
HUBLI.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused Nos.1 to 8 in C.C.No.2132/2013 pending on the file of the Prl.Civil Judge (Jr.Dn.) & JMFC, Hubli have come up in this petition seeking quashing of the same on 3 the premise that registering of the complaint against accused Nos.1 to 8 by the Inspector of Legal Metrology is erroneous and contrary to the provisions of law and hence, the same is required to be quashed.
2. Admittedly, the complaint in C.C.No.2132/2013 is registered based on a private complaint filed by the respondent herein under Section 200 of Cr.P.C., wherein various offences are alleged against petitioners herein, which are punishable under Section 36(1) of the Legal Metrology Act, 2009 and Rule 32(2) of Legal Metrology (POSA) Rules, 2011. After going through the petition, grounds urged and as well as order impugned, it is clearly seen that the learned Magistrate after taking cognizance of the offences alleged has issued summons to the petitioners herein.
3. The petitioners herein who are accused Nos.1 to 8 in the said criminal complaint, instead of appearing before the learned Magistrate in response to the said summons have come up in this petition seeking quashing 4 of the same. Considering the nature of offences alleged, question of quashing the proceedings at this stage does not arise. However, the petitioners are at liberty to appear before the learned Magistrate and seek their discharge, if they can establish that there is procedural irregularity in registering the complaint or in the alternative to show that the offences alleged against them is not borne out from the records, which are made available to the Court below. Reserving such liberty to the petitioners, the present petition which is filed seeking quashing of the proceedings in C.C.No.2132/2013 is hereby dismissed.
Sd/-
JUDGE MBS/-