LAWS(KAR)-2020-11-369

SYED AHMED Vs. STATE

Decided On November 19, 2020
SYED AHMED Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of Constitution of India r/w 482 of Cr.P.C. seeking to quash the charge sheet No.2/2015 and the entire proceedings in Special CC.No.490/2015 pending on the file of XXIII Additional City Civil and Sessions Judge and Special Judge for Prevention of Corruption Act, Bengaluru City.

(2.) The main contention urged by Sri.Murthy D.Naik, learned counsel for the petitioner is that the proceedings conducted by trial court suffer from serious illegality, inasmuch as the order of cognizance taken by the learned Magistrate indicate total non application of mind and solely on that ground impugned order is liable to be quashed.

(3.) The second contention urged by the learned counsel for petitioner is that the allegations levelled in the charge sheet are directed against the Firm. Charge sheet material does not disclose the active role of the petitioner except that he was representing the Company as the Managing Partner. Under the circumstance, prosecution of petitioner without making the Firm as accused is legally untenable and is liable to be quashed.