- 1 - HC-KAR NC: 2026:KHC:29651 WP No. 7070 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7070 OF 2024 (GM-RES) BETWEEN: 1. SRI GANGADHARAPPA MUNINDRA KUMAR @ G M KUMAR S/O GANGADHARAPPA AGED ABOUT 45 YEARS R/AT NO.277, 4TH WEST OF CHORD ROAD, KAIGARIKA NAGAR, RAJAJINAGAR BENGALURU - 560 044 … PETITIONER (BY SRI. KASHINATH J D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIJAYANAGARA POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001 2. THE DIRECTOR OF PROSECUTIONS DEPARTMENT OF PROSECUTIONS AND GOVERNMENT LITIGATIONS 6TH FLOOR, K.H.B COMPLEX CAUVERY BHAVAN K.G. ROAD BENGALURU - 560 009 3. SRI. ASHWIN MAHENDRA S/O B MAHENDRA AGED ABOUT 35 YEARS R/AT NO. 301/10, 36TH CROSS 7TH C MAIN, 4TH BLOCK JAYANAGAR BENGALURU - 560 011 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29651 WP No. 7070 of 2024 4. SRI. B.R. DEEPAK ADVOCATE B.R. DEEPAK ASSOCIATES NO.239, 4TH MAIN ROAD, CHAMARAJAPETE BENGALURU - 560 018 … RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2; SRI KARTHIK N., ADVOCATE FOR R4; SRI ARNAV A. BAGALWADI, ADVOCATE A/W SRI P. USMAN, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE COSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 05/07/2023 PASSED ON APPLICATION FIELD BY R3 AND 4 FILED IN CC 11353/2023 PENDING ON THE FILE OF IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY AS PART OF ANNEXURE-A ORDER SHEET IN SO FAR AS ALLOWING RESPONDENT NO.4 CONDUCT PROSECUTION AS SPECIAL PUBLIC PROSECUTOR AS ILLEGAL AND BAD IN LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. Issue writ in the nature of certiorari to quash the impugned order dated: 05.07.2023 passed on application filed by respondent No.3 and 4 filed in C.C. 11353/2023 pending on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru City as part of Annexure-A order sheet in so far as allowing respondent No.4 conduct prosecution as Special Public Prosecutor as illegal and bad in law. ii. Pass appropriate order or direction or any other writ deems fit to the facts and circumstances of the case and to meet the interest of justice. - 3 - HC-KAR NC: 2026:KHC:29651 WP No. 7070 of 2024 2. What was challenged was the Order dated 5.07.2023 appointing respondent No. 4 as a Special Public Prosecutor. During pendency of the above matter, respondent No.4 has issued a NOC and is no longer prosecuting the matter. In that view of the matter, the petition has been rendered infructuous. 3. After the said prosecutor had issued NOC, IA-2/2024 has been filed to implead the present Special Public Prosecutor Special Public Prosecutor appointed subsequently. 4. The petitioner had approached this court challenging the appointment of earlier Special Public Prosecutor, who is now retired from the matter and issued NOC. The impleading application to implead the current Special Public Prosecutor cannot be maintained at the instance of the petitioner. The petitioner being the accused, has no role to play in who prosecutes the matter. 5. No grounds being made out, the petition stands dismissed. Needless to say, the Special Public - 4 - HC-KAR NC: 2026:KHC:29651 WP No. 7070 of 2024 Prosecutor shall proceed with the prosecution of the matter. 6. Pending IAs do not survive for consideration and stand dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 78