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2025 DAILYLAW 33796 (KAR)

SRI SHIVAKUMAR G R v. STATE BY

WP/27414/2024 · 2025-02-12

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:6886 WP No. 27414 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 27414 OF 2024 (GM-RES) BETWEEN: SRI SHIVAKUMAR G. R., S/O RAJANNA, AGED ABOUT 37 YEARS, R/AT GANJALAGUNE VILLAGE, KALLAMBELLA HOBLI, SIRA TALLUK, TUMKUR DIST-572137 …PETITIONER (BY SRI. G.K.RAJANNA, ADVOCATE) AND: 1. STATE BY LOKAYUKTA POLICE, TUMKUR LOKAYUKTA POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING PIN CODE-572101 2. SRI. HARISH P., S/O PATALINGAPPA, AGED ABOUT 30 YEARS, KADAPALAKERE VILLAGE, PAVAGADA TALUK, TUMKUR DIST-561202 …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITHA PRAYING TO CALL FOR THE RECORDS PENDING ON THE FILE OF VII ADDL. SESSIONS AND SPECIAL JUDGE, TUMKUR AND QUASH / SET ASIDE THE FIR IN CRIME NO.05/2022 DATED 04.03.2022 REGISTERED BY THE Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6886 WP No. 27414 of 2024 RESPONDENT NO.1 HERETO PRODUCED AS ANNEXURE-A AND ALL SUBSEQUENT CRIMINAL PROCEEDINGS QUA THE PETITIONERS PENDING ON THE FILE OF VII ADDL. SESSIONS AND SPECIAL JUDGE, TUMKUR AS AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE UNDER SECTION 7(a) OF THE PREVENTION OF CORRUPTION ACT, 1988 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: a) Call for the records pending on the file of VII Addl. Sessions and Special Judge, Tumkur. b) Issue a writ of certiorari or any other writ order or direction to quash/ set aside the FIR in Crime No.05/2022 dated 04.03.2022 registered by the Respondent No.1 hereto produced as Annexure A and all subsequent criminal proceedings qua the petitioners pending on the file of VII Addl. Sessions and Special Judge, Tumkur as against the petitioner for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988 in the interest of justice. c) To set aside the order of the proceedings in Crime No.05/2022 pending on the file of VII Additional Session and special Judge, Tumkur. - 3 - NC: 2025:KHC:6886 WP No. 27414 of 2024 d) Pass any order or directions as this Hon’ble Court deems fit in the circumstances of the case. 2. After arguing the matter for some time, learned counsel for the petitioner submits that the petition may be disposed of reserving liberty in favour of the petitioner to urge all contentions before the Special Court , who may be directed to dispose of the proceedings in accordance with law. 3. The aforesaid submission is placed on record. 4. Accordingly, petition is disposed of with liberty as aforesaid. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 107