- 1 - HC-KAR NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100489 OF 2020 (482(CR.PC)/528(BNSS)) BETWEEN: ISMAIL SAHEB S/O. RAJESAB SHIRAHATTI, AGED ABOUT 49 YEARS, OCC. KAS (JR.GR) OFFICER, LAND ACQUISITION OFFICER, TUNGA MELDANDE PROJECT, RANEBENNUR, DIST. HAVERI, PRESENTLY WORKING AS SPECIAL LAND ACQUISITION OFFICER (NHAI), BALLARI. … PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH POLICE SUB-INSPECTOR, HALAGERI POLICE STATION, PRESENTLY INVESTIGATION IS PENDING WITH THROUGH DIRECTOR GENERAL OF POLICE, C.I.D. SPECIAL UNIT AND ECONOMIC OFFENCES, NO.1, CARLTON BHAVAN PLACE ROAD, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020 HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. DY. S.P/INVESTIGATION OFFICER, ECONOMIC OFFENCES, C.I.D NO.1, CARLTON BHAVAN, PLACE ROAD, BENGALURU. 3. EXECUTIVE ENGINEER, KNNL, TUNGABHADRA UPPER PROJECT DIVISION, RATTIHALLI, TQ. HIREKERUR, DIST. HAVERI. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R3) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED BY THE RESPONDENT POLICE IN THEIR CRIME NO.126/2013 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 408, 420, 465, 468, 471 OF IPC, PENDING ON THE FILE OF DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI, AND CONSEQUENTLY TO QUASH ALL THE FURTHER PROCEEDINGS PURSUANT TO THE ABOVE SAID FIR IN SO FAR AS PETITIONER IS CONCERNED. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 is before this Court with a prayer to quash the complaint and FIR registered in Crime No.126 of 2013 by Halageri Police Station, Haveri for offences punishable under Sections 120B, 408, 420, 465, 468 & 471 of IPC. 2. Heard learned counsel for the petitioner and the learned HCGP for the respondent Nos.1 and 2. 3. Learned counsel for the petitioner submits that the petitioner has been exonerated in the departmental proceedings on 02.11.2018 and the report of the enquiry officer is at Annexure-D. The allegations found in the impugned criminal proceedings as well as in the departmental enquiry are one and the same and therefore the impugned criminal proceedings cannot be sustained. 4. It is brought to the notice of this Court that the enquiry report dated 02.11.2018 at Annexure-D has not - 4 - HC-KAR NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020 reached finality and on the other hand Disciplinary Authority has passed an order for holding a fresh enquiry against the petitioner and subsequently, fresh enquiry reports were also filed and even the said reports were not accepted by the Disciplinary Authority and therefore the petitioner had approached the Karnataka Administrative Tribunal, challenging the order passed by the Disciplinary Authority to conduct fresh enquiry for the fourth time. 5. The Karnataka Administrative Tribunal has dismissed the application filed by the petitioner challenging the order passed by the Disciplinary Authority and assailing the order passed by the Karnataka Administrative Tribunal, the petitioner has approached this Court in W.P.No.932/2025 which is pending consideration. Therefore, it is apparent that the petitioner has been not exonerated in the present case in the departmental enquiry and the ground urged in support of the prayer made by the petitioner is not available to him at this stage. Therefore, I do not find any good ground to entertain this petition. - 5 - HC-KAR NC: 2025:KHC-D:12648 CRL.P No. 100489 of 2020 Accordingly, this petition is dismissed with liberty to the petitioner to file a fresh petition in the event he is exonerated in the departmental enquiry. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 98