M/S. DEEPCHAND KISHENLAL v. THE STATE OF KARNATAKA
CRL.P/2162/2018 · 2025-07-31
J M Khazi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80077 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80077 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29778 CRL.P No. 2162 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 2162 OF 2018 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
M/S. DEEPCHAND KISHENLAL A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.49, 3RD FLOOR, WEST WING, KHANIJ BHAVAN, RACE COURSE ROAD, BANGALORE-560 001, REPRESENTED BY ITS PARTNER, HUKUM RAJ JAIN.
2.
HUKUM RAJ JAIN S/O LATE CHAMPALAL JAIN, AGED ABOUT 69 YEARS, OCCU: PARTNER, M/S. DEEPCHAND KISHANLAL, NO.49, WEST WING, 3RD FLOOR, KHANIJA BHAVAN, BANGALORE-560 001.
3.
MR. BASANT PODDAR S/O. LATE K. P. PODDAR, AGED ABOUT 57 YEARS, OCCU: PARTNER, M/S. DEEPCHAND KISHANLAL, NO.49, WEST WING, 3RD FLOOR, KHANIJA BHAVAN, BANGALORE-560 001. …PETITIONERS (BY SRI. ADITYA NARAYAN, ADVOCATE)
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:29778 CRL.P No. 2162 of 2018
AND:
1.
THE STATE OF KARNATAKA THROUGH SPECIAL INVESTIGATION TEAM, KARNATAKA LOKAYUKTHA, HEBBAL, BENGALURU CITY, BENGALURU-560 064.
2.
SMT. VARTHIKA KATIYAR, IPS D/O. HEMANT KATIYAR, AGED ABOUT 32 YEARS, OCC: SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATION TEAM KARNATAKA LOKAYUKTA, BENGALURU-560 064.
(DELETED AS PER ORDER DATED: 26.09.2018) …RESPONDENTS (BY SRI.B.S.PRASAD, ADVOCATE FOR R1 V/O DTD: 26.09.2018 R2 IS DELETED)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.2/2017 REGISTERED FOR THE OFFENCES P/U/S 379,409,420,468 AND 471 R/W 120(B) OF IPC AND SECTION 13(1)(d) R/W 13(2) OF PREVENTION OF CORRUPTION ACT AND SECTION 21 R/W 4(1) AND 4(1A) OF M.M.D.R ACT BY SPECIAL INVESTIGATION TEAM, KARNATAKA LOKAYUKTA AGAINST THE PETITIONERS PENDING ON THE FILE OF XXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR LOKAYUKTA CASES, BENGALURU URBAN DISTRICT AND ALL FURTHER PROCEEDINGS.
THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
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HC-KAR NC: 2025:KHC:29778 CRL.P No. 2162 of 2018
ORDER ON I.A.No.1/2025 This application is filed by the respondent No.1 State represented by Lokayukta Police, with a prayer to permit the investigating Officer to file final report.
2. In support of the application, affidavit is filed by the investigating officer to the effect that on 31.10.2018, this Court was pleased to grant an interim order. Respondent filed application for modification of the same. While allowing the said application, this Court was pleased to permit the investigating officer to proceed with the investigation, but the final report is to be filed only after securing permission of this Court. Now, the investigation is completed and final report is ready and therefore, permission is sought to file the same.
3. Heard learned counsel for petitioners as well as learned Special Public Prosecutor and perused the record.
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HC-KAR NC: 2025:KHC:29778 CRL.P No. 2162 of 2018
4. This petition is filed by accused under Section 482 Cr.P.C, to quash the criminal proceedings initiated against them in Cr.No.2/2017 on the file of XXIII Addl.City Civil and Sessions Judge and Special Judge for Lokayukta Case, Bengaluru, for the offences punishable under Sections 379, 409, 420, 468 and 471 r/w 120B IPC and Sections 13(1)(d) r/w 13(2) of Prevention of Corruption Act and Section 21 r/w 4(1) and 4(1A) of MMDR Act by Special Investigation Team, Karnataka Lokayukta.
5. On 10.10.2018, this Court granted interim
order with a direction to the respondent not to precipitate the matter. On 30.10.2018, the said interim order was extended till further orders. In this connection, respondent No.1 filed I.A.No.1/2021 to modify the order dated
10.10.2018. After considering the detailed arguments submitted by both parties, on 30.03.2023, this Court allowed I.A.No.1/2021, permitting the investigating officer to investigate the matter. However, the final report shall be filed only after obtaining permission from this Court.
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HC-KAR NC: 2025:KHC:29778 CRL.P No. 2162 of 2018
6. Now, that the investigation is completed and final report is ready, the respondent No.1 is seeking permission to file the final report.
7. In this petition, petitioners have challenged the FIR and registration of the case. Now, that the final report is ready, this petition does not survive.
8. In the light of the same, I.A.No.1/2025 is allowed. Accordingly, petition is dismissed having become infructuous. The investigating Officer is permitted to submit the final report.
9. However, liberty is reserved to the petitioners to challenge the final report, if so advised and permissible under law.
Sd/- (J.M.KHAZI) JUDGE
RR List No.: 1 Sl No.: 44