DR. VENKATESH MURTHY. N v. THE STATE BY KARNATAKA LOKAYUKTHA POLICE
WP/19253/2022 · 2025-06-30
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30690 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30690 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23432 WP No. 19253 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19253 OF 2022 (GM-RES) BETWEEN:
DR. VENKATESH MURTHY N., S/O LATE NARASAPPA M., AGED ABOUT 52 YEARS WORKING AS TALUK HEALTH OFFICER SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT - 562 105. …PETITIONER (BY SRI PRITHVEESH M. K., ADVOCATE) AND:
1. THE STATE BY KARNATAKA LOKAYUKTHA POLICE REPRESENTED BY ITS INSPECTOR OF POLICE KOLAR DISTRICT, KOLAR - 562 105. 2. THE STATE BY LOKAYUKTHA POLICE REPRESENTED BY ITS ADDITIONAL DIRECTOR GENERAL OF POLICE, M.S.BUILDING BENGALURU - 560 001. 3. SRI SOMASHEKHAR R., S/O RAVIKUMAR AGE: MAJOR RESIDING AT NO.171, JAMES ROAD
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:23432 WP No. 19253 of 2022
KAMMANAHALLI, BENGALURU – 560 084. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA, BENGALURU – 560 001. …RESPONDENTS (BY SRI B.B.PATIL, ADVOCATE FOR R1 AND R2;
SRI SPOORTHY HEGDE N., HCGP FOR R4;
R3 SERVED - UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.P.C., PRAYING TO CALL FOR RECORDS IN SPL.C.(CORRUPTION) NO.5/2017 ON THE FILE OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR; QUASH THE IMPUGNED CHARGE SHEET DTD 11.08.2017 FILED BY THE R-1 POLICE (NOW TRANSFERRED ON THE FILE OF THE R-2 POLICE) AGAINST THE PETITIONER FOR THE ALLEGED OFFENE PUNISHABLE UNDER SECTION 13(1)(d) READ WITH SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 VIDE ANNX-A AND ETC.,
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR.
JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayer: (a) Call for records in Spl.C.(Corruption) No.5/2017 on the file of the Hon’ble Principal District and Sessions Judge, Kolar; (b) ISSUE A WRIT OR ORDER QUASHING (a) the impugned charge sheet dated 11/08/2017 filed by
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HC-KAR NC: 2025:KHC:23432 WP No. 19253 of 2022
the 1st Respondent - Police (now transferred on the file of the 2nd Respondent - Police) against the Petitioner for the alleged offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (Annexure-A); (b) all further proceedings against the Petitioner in Spl.C.(Corruption) No.5/2017 on the file of the Hon’ble Principal District and Sessions Judge, Kolar (Annexure – B) including the impugned Order of cognizance dated 02/11/2017 (Annexure-B), to meet the ends of justice; (c) PASS any other Order as this Hon’ble Court deems fit, in the interest of justice and equity.”
2. Heard Sri Prithveesh M.K., learned counsel for petitioner, Sri B.B.Patil, learned counsel for respondent Nos.1 and 2 and Sri Spoorthy Hegde N., learned High Court Government Pleader for respondent No.4. Respondent No.3 is served and unrepresented. 3. This Court owing to the fact that identical cases were pending consideration, entertained the petition. On a deeper delving into the matter, it comes to light that the charges were framed in Spl.C.C.No.5/2017 long ago and the trial is in progress. 4. In the light of the charges being framed and trial being in progress, this Court hold its hands to entertain the petition seeking obliteration of the proceedings in exercise of the jurisdiction under Section 482 of the Cr.P.C.
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HC-KAR NC: 2025:KHC:23432 WP No. 19253 of 2022
5. Learned counsel for the petitioner submits that the plea of sanction is not adverted to before the concerned Court and the list of witnesses is already submitted. 6. The petitioner is at liberty to seek the plea of sanction before the concerned Court at the stage of arguments. Reserving such liberty, the writ petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 118 CT:SS