- 1 - HC-KAR NC: 2025:KHC:51836 WP No. 12282 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 12282 OF 2024 (GM-RES) BETWEEN: 1. VIJAY KUMAR ALASHETTY S/O RAMASHETTY ALASHETTY AGED ABOUT 57 YEARS, RETIRED ASSISTANT DIRECTOR OF SERICULTURE, SERICULTURE DEPARTMENT, R/AT VIJAYANAGAR COLONY, CANTONMENT, BALLARY. …PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE BY THE DEPUTY SUPERINTENDENT OF POLICE C.I.D, MYSURU-570 004. 2. SRI. NAGARAJU ASSISTANT DIRECTOR OF SERICULTURE, MADHUGIRI, TUMKUR DISTRICT-572 132. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51836 WP No. 12282 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED CHARGESHEET NO.3/2023 DATED 25.04.2023 FILED BY RESPONDENT NO.1 IN C.C.NO.29/2023 BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, TUMKUR DISTRICT VIDE ANNEXURE-A AND AFTER PERUSAL SET ASIDE THE SAME, IN SO FAR AS IT RELATES TO THE PETITIONER AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner was an employee of Sericulture Department, Government of Karnataka. On the allegation of certain irregularities committed by him in discharge of his official duties, the petitioner has been accused of the offences under Sections 170, 409, 417, 420, 427, 465, 466, 468, 471, 477-A r/w Sections 34 and 37 of the IPC, 1860 and it has culminated in C.C.No.29/2023 pending on the file of Principal Senior Civil Judge and JMFC, Madhugiri, Tumkur District. - 3 - HC-KAR NC: 2025:KHC:51836 WP No. 12282 of 2024 2. In respect of the same allegations, a departmental inquiry has been conducted against the petitioner herein and he has been absolved of the same allegations in the said departmental inquiry for want of evidence. 3. The petitioner submits that the State does not have any additional evidence to adduce against him and C.C.No.29/2023 has also been sought to be proved against the petitioner by adducing the same evidence. It is submitted that the degree of proof required in the departmental inquiry is balance of probabilities whereas in a criminal case it is proof beyond reasonable doubt and hence, continuation of criminal proceedings against him would be futile and abuse of the process of law. For the said reasons, it is prayed that the writ petition be allowed. 4. Learned High Court Government Pleader appearing for the State is not in a position to contravene the aforementioned submission of the petitioner. 5. For the reasons that the petitioner has been absolved in the departmental inquiry for lack of evidence to - 4 - HC-KAR NC: 2025:KHC:51836 WP No. 12282 of 2024 prove his guilt and also because the State does not have any better evidence to adduce in criminal proceedings than what it has already adduced in the departmental inquiry, I am of the opinion that continuation of the criminal case against the petitioner herein would be futile and abuse of the process of law. 6. For the aforementioned reasons, the writ petition is hereby allowed and the proceedings in C.C.No.29/2023 pending on the file of Principal Senior Civil Judge and JMFC, Madhugiri, Tumkur District insofar as it relates to the petitioner herein is concerned stand quashed. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 26