S.L.V. Enterprises vs Inspector Of Police
2022 Latest Caselaw 9157 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 20TH DAY OF JUNE, 2022

                        BEFORE

         THE HON'BLE MR.JUSTICE S.G.PANDIT

       WRIT PETITION NO.40907/2019 (GM-RES)

BETWEEN:

S.L.V. ENTERPRISES
REP. BY ITS PROPRIETOR,
SRI. CHIKKE GOWDA NAGESH,
AGED ABOUT 45 YEARS,
OFFICE AT NO.275, 1ST FLOOR,
2ND MAIN, 7TH CROSS,
PANCHASHEELANAGAR,
MUDALAPALYA,
BENGALURU-560072.
                                       ...PETITIONER
(BY SRI H B RUDRESH, ADV.-ABSENT)

AND:

1. INSPECTOR OF POLICE
   C.C.B. (P & M) SQUAD,
   BHAKSHI GARDEN, SULTAN PALYA,
   CHICKPET, COTTONPETE MAIN
   ROAD,
   BENGALURU-560053.

2. THE DEPUTY COMMISSIONER AND
   DISTRICT MAGISTRATE COURT,
   KANDAYA BHAVAN,
   BENGALURU CITY,
   BENGALURU-560009.
                                     ...RESPONDENTS
(BY SMT. A.R. SHARADAMBA, AGA)
                                     2

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE IMPUGNED ORDER VIDE DATED 18.06.2019, PASSED BY
THE R-2 VIDE ANNX-J AND CONSEQUENTLY REJECT THE SAID
IMPUGNED ORDER.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-


                               ORDER

There is no representation for the petitioner in the morning

as well as in the afternoon.

2. Heard learned AGA Smt.A.R.Sharadamba for respondents.

Perused the writ petition papers.

3. Petitioner is before this Court under Article 226 of the

Constitution of India praying for a writ of certiorari to quash the

order bearing No.fC(£À)D.CªÀPÁ/01/2019-20 dated 18.06.2019

(Annexure-J) wherein the second respondent in exercise of its

power under Section 6A of the Essential Commodities Act, 1955

confirmed the action taken by the Police Inspector, CCB by

rejecting the objection of the petitioner and directed CCB Police to

file charge-sheet within 90 days.

4. Learned AGA Smt.A.R.Sharadamba, on instructions submits

that subsequently charge-sheet was filed in C.C.No.22697/2019

against the petitioner and after trial, the petitioner is acquitted of

the offence by judgment dated 08.02.2020 by the Court of I ACMM,

Bangalore. In view of subsequent development, the impugned

order dated 18.06.2019 would no more survive for consideration.

5. Placing the submission of the learned AGA on record, the

writ petition stands disposed of.

Sd/-

JUDGE

mpk/-* CT:bms