ANNARAYA S. TALWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this court under Articles 226 and 227 of the Constitution of India read with section 482 of Cr.P.C., 1973 seeking to quash the complaint registered against him in Crime No. 247/2014 for the offences punishable under sections 403, 406, 409, 120-B read with section 34 of Indian Penal Code.

(2.) It is stated in the petition that the petitioner as the proprietor of M/s.Avinashi Ads participated in a tender floated by the South Western Railways for display of glow sign and hoarding advertisement under Group II locations of Bangalore Division. The letter of acceptance was issued on 10.01.2013. As per the conditions of the letter of acceptance, license fee for the first year amounting to Rs. 6,05,55,555/- was paid. The tender was awarded for a period of five years.

(3.) The allegation against the petitioner is that the petitioner herein, in collusion with the railway officers, violated the tender terms and conditions of the contract and erected hoarding in more area than awarded under the contract and thereby, committed breach of trust and misappropriation of the railway property. The complaint also contains allegation that for the above purpose, the petitioner has bribed the railway authorities.