- 1 - HC-KAR NC: 2025:KHC:38287 CRL.P No. 9293 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9293 OF 2025 BETWEEN: SRI. V.J. JAVARAIAH S/O LATE JAVARAIAH, AGED ABOUT 66 YEARS, RETIRED SENIOR ASSISTANT, KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LTD., R/AT NO 33/1, 4TH MAIN, 8TH CROSS, LAKSHMINARAYANA PURA, BENGALURU - 560 021. …PETITIONER (BY SRI. SATHYANARAYANA, ADVOCATE) AND: 1. STATE REPRESENTED BY PRINCIPAL SECRETARY TO GOVT. KARNATAKA FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKAS SOUDHA, VIDHANA VEEDHI, BENGALURU - 560 001. 2. MANAGING DIRECTOR, KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LTD., NO. 16/1, MILLARS TANK BED AREA, VASANTHANAGAR, BENGALURU - 560 053. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38287 CRL.P No. 9293 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO A. SET ASIDE THE ORDER DATED 24.03.2025 PASSED BY THE 6TH ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR, IN CRIMINAL REVISION PETITION NO.75/2024 AS PER ANNEXURE-C AND AS A CONSEQUENCE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed assailing the concurrent orders passed by the courts below on a memo filed by the petitioner/accused dated 12.01.2024 wherein the petitioner has sought to dispose of the criminal prosecution for the offence punishable under sections 406 and 408 of the IPC on the ground that the petitioner has already exonerated by the disciplinary authority. The said memo is rejected by the learned Magistrate and the same is confirmed by the revisional court in Crl.R.P.No.75/2024. 2. On closer examination of the memo filed by the petitioner/accused and two concurrent orders which were passed by the courts below, this court is of the view that the memo filed by the present petitioner/accused to - 3 - HC-KAR NC: 2025:KHC:38287 CRL.P No. 9293 of 2025 dispose of the criminal case and acquit the accused by taking cognizance of the outcome of the department enquiry appears to be misconceived. The Magistrate is not empowered to quash the proceedings by taking cognizance of the order of the disciplinary authority where the petitioner claims to have been exonerated. The revisional court has also declined to grant indulgence. 3. Though the concurrent orders which are now impugned before this court may not warrant any interference, this Court is of the view that the petitioner is at liberty to seek appropriate remedy under section 482 of Cr.P.C. if the petitioner desires to do so. Reserving liberty to the petitioner, the captioned petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 15 CT: BHK