P.S.AYUB BABU Vs. STATE OF KARNATAKA
LAWS(KAR)-2022-7-606
HIGH COURT OF KARNATAKA
Decided on July 11,2022

P.S.Ayub Babu Appellant
VERSUS
STATE OF KARNATAKA Respondents

JUDGEMENT

- (1.)The Police registered the FIR in Crime No.68/2017 against the petitioner alleging that he is the Director of the Attica Gold Pvt. Ltd has committed an offence punishable under Ss. 380, 454, of IPC, for having received the stolen property. The police after investigation submitted a charge sheet. The learned Magistrate after accepting the charge sheet took cognizance of the offence punishable under Ss. 454, 380, 411 and 414 of IPC and issued summons. Taking exception to the same, this petition is filed.
(2.)Learned counsel for the petitioner submits that the petitioner ceased to be the Director of the company on 1/1/2016 which is evident from Form No.DIR-11 submitted by the petitioner with the Registrar of Companies. Hence he submits that the alleged incident has taken place after the petitioner ceased to be Director of the said company and as such the charge sheet filed against the petitioner is impermissible.
(3.)Learned HCGP submits that the petitioner being the Director of the company has received stolen property from the accused and as such has committed the offence alleged against him and at this stage, the FIR registered against the petitioner and the charge sheet submitted against the petitioner does not warrant any interference and sought for dismissal of the petition.


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