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2026 DAILYLAW 29736 (KAR)

SRI Y S MOHAN v. THE STATE OF KARNATAKA

WA/1615/2026 · 2026-07-16

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010411452026 NC: 2026:KHC:36448-DB WA No. 1615 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1615 OF 2026 (S-RES) BETWEEN: SRI. Y.S. MOHAN S/O SRINIVASAPPA, AGED ABOUT 46 YEARS, WORKING AS APP R/AT YANADAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 103 …APPELLANT (BY SRI. PAWAN KUMAR M.N., ADVOCATE SRI. VISHWAS GOWDA G.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE, ADDL. CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, ROOM NO.222, 2ND FLOOR, VIDHANA SOUDHA, BANGALORE - 560 001 2. THE DIRECTOR, DEPARTMENT OF PROSECUTIONS AND GOVERNMENT LITIGATIONS, 6TH FLOOR, CAUVERY BHAVAN, BANGALORE - 560 009 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010411452026 NC: 2026:KHC:36448-DB WA No. 1615 of 2026 3. THE REGISTRAR, KARNATAKA LOKAYUKTA, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001 4. THE ADDL. REGISTRAR OF ENQUIRIES KARNATAKA LOKAYUKTA, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001 …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO I) SET ASIDE THE JUDGMENT/ORDER PASSED BY LEARNED SINGLE JUDGE IN WP NO.12106/2026 DATED 30/04/2026 AND CONSEQUENTLY ALLOW THE WP NO.12106/2026 II) PASS ANY SUCH ORDER OR ORDERS. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 30.04.2026 passed by the learned Single Judge in W.P.No.12106/2026. - 3 - HC-KAR CNR: KAHC010411452026 NC: 2026:KHC:36448-DB WA No. 1615 of 2026 2. The appellant was the petitioner before the learned Single Judge. In the writ petition, the petitioner had sought the following reliefs: "i. Quash the entire proceedings of Departmental enquiry in No.UPLOK- 1/DE/591/2018/ARE-12 pending adjudication on the file of KARNATAKA LOKAYUKTHA the respondent No.4(Annexure-C). ii. To pass any such order or orders as this Hon'ble Court deems fit in the interest of justice." 3. The case of the appellant/petitioner is that after the evidence of PW.2 was recorded on 02.11.2021, paragraphs 30 and 31 of the deposition of PW.2 were not properly inserted and made part of the deposition. 4. The learned Single Judge has extracted paragraphs 30 and 31 of the deposition in the impugned judgment and order. In the affidavit filed by the appellant/petitioner an exception to paragraphs 30 and 31 being incorporated in the deposition of PW.2 was taken. After considering the affidavit filed by the appellant/petitioner following the deposition of PW.2, particularly paragraphs 30 and 31 of the deposition, the Inquiry Officer passed the following order: - 4 - HC-KAR CNR: KAHC010411452026 NC: 2026:KHC:36448-DB WA No. 1615 of 2026 "DGO is present. Perused the Affidavit of D.G.O. On checking the deposition of PW2 in the system, it is seen that, part of one page has been skipped, which includes part paragraph Nos.30 and 31. As it is the mistake of CCT concerned, the point of the said page as taken today, and the Enquiry Officer has signed the same, as he could recall the portion of the evidence dictated by him, and the same tallies with remaining protion. Issue s/s to pw2 through concerned Deputy Director r/by 24/1/2022." 5. The learned Single Judge having considered the aforesaid facts, interfered with the order passed by the Inquiry Officer, allowed the writ petition and directed that paragraphs 30 and 31 of the deposition of PW.2 Mr.Zeenath M Senior Scientific Officer, Karnataka State Forensic Science Laboratory, Madivala, Bengaluru, be expunged/eschewed from the record of the enquiry proceedings. 6. We have considered the submissions of the learned counsel for the parties. 7. In the writ petition, the petitioner confined his argument only in respect of paragraphs 30 and 31 which were allegedly inserted in the deposition of PW.2. As paragraphs 30 - 5 - HC-KAR CNR: KAHC010411452026 NC: 2026:KHC:36448-DB WA No. 1615 of 2026 and 31 have been expunged/deleted from the deposition, we believe that no further grievance remains, as the issue raised in the writ petition has been redressed. 8. We find no valid reason to interfere with the judgment and order passed by the learned Single Judge. Accordingly, the writ appeal is dismissed. 9. In view of dismissal of the writ appeal, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RKA List No.: 2 Sl No.: 3