USMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.18 has filed this petition under Sec. 482 Cr.P.C. to quash the criminal proceedings initiated against him in C.C.No.4455/2019 for the offences punishable under Ss. 31 and 36 of the Legal Metrology Act, 2009 (for short, 'the Act') on the file of the Additional Civil Judge and JMFC, Gokak, so far as petitioner is concerned.

(2.) Petitioner has contended that the documents produced along with the complaint does not make out any offence against the petitioner. There are no specific allegations against the petitioner. The contents of the complaint are omnibus allegations. The allegations are false and baseless. The petitioner is the resident of Terdal town. Cognizance is taken against him without any jurisdiction. Continuation of the proceedings would amount to abuse of the process of the law and prays to allow the petition.

(3.) Though the petitioner has raised several contentions, during the course of arguments, relying upon the order dtd. 26/2/2021 in Criminal Petition No.101102/2020 and connected matters (P.J.Margo's case) of the Coordinate Bench of this Court, learned counsel for the petitioner submitted that petitioner is resident of Terdal town and before issuing notice, trial Court has not conducted enquiry as required under Sec. 202 of Cr.P.C. and as such, the proceedings are liable to be quashed.