JUDGEMENT
MOHAMED ANWAR, J. -
(1.)BY this petition under Section 482 of the Code of Criminal Procedure the Petitioner prays to "set aside the Order dated 20.1.2001 in PCR No. 165 of 1999 (C.C. No. 22084 of 2000) and quash the said proceedings on the file of Additional CMM of 10th Court Mayo Hall, Bangalore against the Petitioner and grant such other relief which this Hon'ble Court may deem fit to secure the ends of justice". The Petitioner is Accused No. 1 ('A -1' for short) therein. The operative portion of the impugned order reads: Register the case against accused Nos. 1 to 3 for the offences punishable under Section 341, 452, 427 and 380 read with 34 Indian Penal Code and issue SS to A -1 to A -3 returnable by 28.4.2001.
(2.)HEARD the arguments of the learned Counsel for Petitioner. Despite repeated and sufficient opportunity granted to Respondent, he persistently remained absent and, therefore, he could not be heard (vide paragraph -2 of the order dated 8.11.2001 contained in the order sheet). However, he has filed the detailed statement of objections opposing the petition. I have gone through it.
A -1 Petitioner M/s. I.T.I. Limited, Bangalore, is a Central Government Company registered under the Companies Act and owned by the Central Government. Respondent is complainant in the said P.C.R. No. 165 of 1999, now registered as C.C. No. 22084 of 2000 on the file of the Court below. He filed the complaint therein under Section 200 of the Code of Criminal Procedure on 11.6.1999 before the learned Magistrate against Petitioner and five other accused arraigning them as A -1 to A -6. In the complaint, A -2 is one I.M. Devappa, Chief Security Officer, and A -3 M. Rajan is the Security Officer of the A -1 Company. A -4 are the Bangalore Police shown as represented by the Commissioner of Police, Bangalore. A -5 is described as Bangalore Telephones represented by its Senior General Manager. A -6 is Government of Karnataka. A -2 to A -6 are not made Respondent parties in this petition. However, hereinafter they are referred to as A -2, A -3, A -4, A -5 and A -6, respectively.
(3.)THE said complaint was filed by Respondent alleging commission of offences by A -1 to A -3 under Sections 107, 120A, 339, 340, 349, 350, 351, 378, 380, 390, 391, 424, 425, 441, 442, 445, 451, 452, 454, 455, 201, 355, 356 and 357 of the Indian Penal Code ('IPC' for short). The complaint against A -4 Bangalore Police is for the offences under Sections 119, 166 and 217 of Indian Penal Code as they failed to prevent A -1 to A -3 from committing the offence despite the Police was informed of the same by the complainant. A -5, the Bangalore Telephones, are alleged to have committed the offence under Section 120 -A of Indian Penal Code as the telephonic connection to the said quarters was disconnected by A -5 to facilitate complainant's eviction therefrom by A -1 to A -3. The state was made A -6 for a direction to it to pay compensation to complainant and his family members. At para -22 of the complaint it was prayed that A -1 to A -3 may be made to pay various figures of amounts mentioned therein towards the losses suffered by him, and that the said police may be directed to recover the household articles from A -1 to A -3 and be given over to the complainant.
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