M.BABANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed u/s.482 of Cr.PC., for quashment of the entire proceedings in PCR No.5543/2017 and for setting aside the order dated 5.5.2017 passed on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru City, by referring the matter for investigation u/s.156(3) of Cr.PC., to SHO, Jayanagar Police Station.

(2.) Though the matter is listed for admission, heard the learned counsel namely Sri L.M. Chidanandayya, appearing for the petitioner through Video Conference and the learned counsel namely Sri Y.B. Kuntoji, appearing for Sri A.Feroze Nizam, the learned counsel on record for the second respondent complainant Sri K. Manoharan, who is present before the Court physically; Smt. Rashmi Jadhav, learned High Court Government Pleader for the first respondent is present before the Court physically, and the matter is taken up for final disposal. Perused the entire records.

(3.) The gist of the complaint registered by the second respondent complainant T.Manoharan against the accused petitioner M.Babanna is that the petitioner/accused is a share holder and owner of number of companies carrying on various types of business in Bengaluru City. The second respondent-complainant approached the petitioner-accused that he will work for the petitioner and accordingly, the second respondent was appointed initially as a cashier/writer with the petitioner group of companies and also put incharge of entire group of companies and firms and toiled day and night for the improvement of the company and one day to his shock and surprise, he was asked to vacate the property and also to handover the keys of the car. Thereafter, he had issued a legal notice through his Advocate and lodged a complaint, which came to be registered in PCR No.5543/2017, wherein the learned IV Addl. CMM, Bengaluru City, taking cognizance of the case referred the complaint for investigation and report u/s.156(3) of Cr.PC., which is under challege by the petitioner herein.