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2025 DAILYLAW 26968 (KAR)

MR ASHOKA v. STATE OF KARNATAKA

WP/14924/2025 · 2025-05-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18395 WP No. 14924 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14924 OF 2025 (GM-RES) BETWEEN: MR. ASHOKA, C/O. LATE RACHAIAH, AGED ABOUT 58 YEARS, R/AT.345, H.P.O AND RMS LAYOUT, RAJKUMAR ROAD, SATHAGALLI, MYSORE UDAYAGIRI, MYSORE – 570019. …PETITIONER (BY SRI. R.S. UMESH, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY HANUR POLICE STATION, HANUR – 571439. 2. MR. MAHESH KUMAR, AGE AND FATHERS NAME IS NOT KNOWN TO THE PETITIONER THE CHIEF OFFICER, PATTANA PANCHAYATHI OFFICE, HANUR TOWN, KOLLEGALA SUB DIVISION, CHAMARAJANAGARA, KARNATAKA – 571439. …RESPONDENTS (BY SRI. N. ANITHA GIRISH, HCGP FOR R1; V/O/D 27.05.2025 NOTICE TO R2 IS D/W) THIS WP IS FILED PRAYING TO QUASH THE FIR REGISTERED BY THE FIRST RESPONDENT POLICE IN CR.NO.0096/2025, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18395 WP No. 14924 of 2025 JMFC COURT, KOLLEGALA, AS PER ANNEXURE–B DATED 06.05.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Quash the FIR registered by the first respondent Police in Cri.No.0096/2025, pending on the file of Additional Civil Judge (Junior Division) & JMFC Court, Kollegala, as per Annexure-‘B’ dated 06.05.2025 petitioner concern any. b. Grant such other relief as deems fit to grant in the facts and in circumstances of the case, in the ends of justice and equity. 2. The allegation against the petitioner is that the petitioner has not maintained the public records in a proper manner and or has destroyed the public records as regard to the specific document which had been issued by the petitioner when he was functioning as a Chief Officer, Pattana Panchayathi Office, Hanur Town, Kollegala Sub Division, Chamarajanagara. - 3 - HC-KAR NC: 2025:KHC:18395 WP No. 14924 of 2025 3. The submission of the learned counsel for the petitioner is that the petitioner is now under suspension as regards another delinquency alleged against the petitioner and as such the petitioner is in the custody and the said document could not hand over the same to the concerned officer. 4. Be that as it may, whether the document is available or not whether the document has been destroyed or not, would have to be ascertained during the course of investigation and the FIR that has been registered cannot be quashed on the ground that the petitioner was under suspension as such he was not in a position to hand over the said documents. In that view of the matter, I pass the following: ORDER i. The writ petition stands dismissed. ii. The petitioner is directed to co-operate with the investigating officer till the investigation. - 4 - HC-KAR NC: 2025:KHC:18395 WP No. 14924 of 2025 iii. Until the completion of the investigation the respondents are restrained from any manner taking coercive steps against the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE BN List No.: 2 Sl No.: 25