Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010516102022 NC: 2026:KHC:49462 CRL.P No. 11036 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 11036 OF 2022 (482(Cr.PC) / 528(BNSS))
BETWEEN:
T.S.ANJANAPPA S/O K. SIDDAPPA, AGED ABOUT 65 YEARS, RETIRED DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, EDUCATION DEPARTMENT, R/AT: SHIVA KRUPA, AKKAMAHADEVI ROAD, SAPTHAGIRI BADAVANE, NEAR GSS BHAVAN, TUMAKURU, TUMAKURU DISTRICT. …PETITIONER
(BY SRI. SHRAVAN MADHAV K P., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY KARNATAKA LOKAYUKTHA POLICE, TUMKUR, KARNATAKA.
2.
S. DEVARAJIAH S/O SHAMAIAH, AGED ABOUT 44 YEARS, R/AT OJENAHALLI PALYA,
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010516102022 NC: 2026:KHC:49462 CRL.P No. 11036 of 2022
SHEETAKALLU POST, KORATAGERE TALUK, TUMKURU, KARNATAKA. …RESPONDENTS
(BY SRI. B.S PRASAD, ADVOCATE FOR R1;
SRI. S. VICTOR MANOHARAN, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO B A.QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN SPL.C.NO.218/2014. B.QUASH THE CHARGESHEET DATED:22.03.2011 FILED BY THE RESPONDENT POLICE, IN CR.NO.4/2011 AGAINST THE PETITIONER FOR THE OFFENCES P/U/S.7, 8, 13(1)(d) R/W SEC.13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 AT ANNEXURE-D.
C.QUASH THE COMPLAINT DATED:22.03.2011 FILED BY THE RESPONDENT NO.2 AND REGISTERED BY THE RESPONDENT NO.1 AS FIR DATED 22.03.2011 IN CR.NO.4/2011 AGAINST THE PETITIONER FOR ALLEGED OFFENCE P/U/S.7, 8, 13(1)(d) R/W SEC.13(2) OF PREVENTION OF CORRUPTION ACT, 1988 WHICH IS PRODUCED AT ANNEXURE B AND C RESPECTIVELY. D.QUASH THE ADDITIONAL CHARGE SHEET, DATED:10.01.2023 FILED BY THE RESPONDENT POLICE IN SPL.C.NO.218/2014 AGAINST THE PETITIONER AT ANNEXURE-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
CNR: KAHC010516102022 NC: 2026:KHC:49462 CRL.P No. 11036 of 2022
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard Sri Shravan Madhav K.P.,
learned counsel appearing for the petitioner, Sri B.S. Prasad, learned counsel for respondent No.1 and Sri S. Victor Manoharan, learned counsel for respondent No.2.
2.
Learned counsel appearing for the respondent-State would submit that already PW.4 has been examined and this petition is filed before this Court only with an intention to protract the proceedings.
3. Having heard the respective counsel, it is very clear that when the trial has commenced and evidence has already been adduced before the Court, the Trial Court has to consider whether there are materials or not. The defence cannot be considered in a petition under Section 482 of Cr.P.C. and the scope of Section 482 of Cr.P.C. is very limited. The same can be exercised only in respect of any misuse or abuse of the process of law. When the complaint is filed, the matter is investigated, the charge sheet is filed and the petitioner is
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HC-KAR
CNR: KAHC010516102022 NC: 2026:KHC:49462 CRL.P No. 11036 of 2022
facing trial before the Court, and after the examination of four witnesses, the question of entertaining the petition under Section 482 of Cr.P.C. does not arise. Hence, I do not find any grounds to interfere with the proceedings of the Trial Court. Accordingly, the petition is dismissed.
4. The learned Trial Judge is directed to dispose of the matter within a period of three months and both the respective counsel shall assist the Trial Court in disposal of the matter within the said time bound period.
Sd/- (H.P.SANDESH) JUDGE
AM List No.: 1 Sl No.: 46