Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:12111 CRL.RP No. 892 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 892 OF 2018
BETWEEN:
SRI SHYAMARAJ SINGH S/O LATE BALAJI SINGH AGED ABOUT 38 YEARS R/AT BALAJI SADAN NO.8, BASAVESHWARA BADAVANE HOSPET, BELLARY DISTRICT. …PETITIONER (BY SRI RANJAN KUMAR P, ADV.) AND:
INSPECTOR OF POLICE CENTRAL BUREAU IN INVESTIGATION EOW-RAJAJI BHAVAN BESENT NAGAR, CHENNAI - 600 090 (REP BY LEARNED SPECIAL PUBLIC PROSECUTOR) …RESPONDENT (BY SRI P. PRASANNA KUMAR, ADV.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 31.05.2018 PASSED BY THE XLVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR CBI CASES, BENGALURU IN CRL.RP.NO.12/2017.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:12111 CRL.RP No. 892 of 2018
ORAL ORDER
1. Accused no.1 is before this Court in this criminal revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the order dated 31.05.2018 passed in Crl.RP.No.12/2017 by the Court of XLVI Addl. City Civil & Sesions Judge, (Spl. Court for CBI cases) , Bengaluru.
2. Heard the learned Counsel for the parties.
3. Petitioner herein who is arrayed as accused no.1 had filed an application along with accused no.2 under Section 239 Cr.PC before the Trial Court in CC.No.6430/2015. The said application was allowed by order dated 18.04.2016. Aggrieved by the same, the State had filed Crl.RP.No.12/2017 before the Court of XLVI Addl. City Civil & Sessions Judge (Spl. Court for CBI cases), Bengaluru, and the said revision petition was allowed on 31.05.2018. Assailing the said order, petitioner is before this Court.
4. It is brought to the notice of this Court that accused no.2 had filed a separate petition in Crl.P.No.6030/2018 before this Court assailing the very same order dated 31.05.2018 passed
- 3 -
HC-KAR NC: 2026:KHC:12111 CRL.RP No. 892 of 2018
in Crl.RP.No.12/2017 by the Court of XLVI City Civil & Sessions Judge (Spl. Court for CBI cases), Bengaluru. The coordinate bench of this Court by order dated 27.02.2025 has dismissed Crl.P.No.6030/2018.
5. Accused nos.1 & 2 were discharged by the Trial Court by a common order for the reason that the proceedings initiated against accused nos.1 & 2, without arraying the partnership firm as an accused was not maintainable.
6. The coordinate bench of this Court in Crl.P.No.6030/2018 has confirmed the order passed by the revisional court and has held that the Trial Court was not justified in discharging the accused for the reason that the partnership firm was not arrayed as an accused. The said reasoning is squarely applicable even to the case of the petitioner herein. Under the circumstances, I do not find any good ground to entertain this petition. Accordingly, petition is dismissed.
Sd/-
(S VISHWAJITH SHETTY) JUDGE KK