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Judgment
N S Sanjay Gowda, J
The petitioner is aggrieved by the initiation of the criminal proceedings against him which has also culminated in filing of a charge-sheet.
On the basis of the complaint by the wife of the deceased who had suffered a tragedy on 22.08.2013, when her husband and two others drowned while fishing in the Hemavati river, a complaint was lodged contending that they met this unfortunate death as a result of the fact that they had not been provided with any protective gear by the licensee, who had the fishing rights.
On investigation, a charge-sheet has also been laid against the petitioner and three others. In the charge-sheet, it is contended that the petitioner was the President of the Society which had acquired the fishing rights.
The learned counsel appearing for the petitioner has placed on record a Resolution passed by the Karnataka State Co-operative Fisheries Federation Limited, Mysore dated 26.08.2013, in which it is borne out that the petitioner herein was elected as the President only on 26.08.2013 for the remainder of the term.
The petitioner has also produced a copy of the letter dated 27.07.2016 of the Karnataka State Co-operative Fisheries Federation Limited, Mysore, which indicates that, as on the date of the tragedy, i.e., on 22.08.2013, the post of the President was vacant.
In view of the fact that the petitioner was not the President, as on the date of the tragedy, the prosecution of the petitioner would not be justified. Consequently, the impugned proceedings, insofar as it relates to the petitioner herein alone shall stand quashed.
The petition is accordingly allowed.
In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.