- 1 - HC-KAR CNR: KAHC010590892024 NC: 2026:KHC:51848 WP No. 28461 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.28461 OF 2024 (GM-RES) BETWEEN: SRI ASHOK KUMAR. B S/O LATE S. BANAPPA, AGED ABOUT 51 YEARS, WORKING AS SECOND DIVISION ASSISTANT, OFFICE OF NADAKACHERI, GOVINAKOOVI - 1, NYANTI TALUK, DAVANAGERE DISTRICT - 577 230. …PETITIONER (BY SRI. SATISH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA LOKAYUKTHA POLICE, REPRESENTED BY ITS INSPECTOR OF POLICE, DAVANAGERE DISTRICT, DAVANAGERE -577 002. 2. SMT. SUDHA, W/O. LATE SUBHASHCHANDRA, MAJOR, RESIDING AT KOKKANUR VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530. …RESPONDENTS (BY SRI B.B.PATIL, ADVOCATE FOR R1; R2 –SERVED) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010590892024 NC: 2026:KHC:51848 WP No. 28461 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT NO.1 AND QUASH THE IMPUGNED CHARGE SHEET DATED 12.10.2017 FOR THE OFFENCES PUNISHABLE UNDER SECTION 7 OF THE PREVENTION OF CORRUPTION ACT, 1988 FILED BY THE ANTI- CORRUPTION BUREAU, DAVANAGERE, AGAINST THE PETITIONER (NOW TRANSFERRED TO R-1 THE KARNATAKA LOKAYUKTHA POLICE, DAVANAGERE) (ANNEXURE-F) AND ALL PROCEEDINGS PURSUANT THERETO, PENDING ON THE FILE OF THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS COURT, DAVANAGERE IN SPECIAL CASE (LOK) NO.3/2017 (ANNEXURE- G) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some time, Sri Satish K, learned counsel for the petitioner files a memo which reads as under: “The petitioner herewith does not press the ground with regard to power of Inspector of Police, ACB in registering First Information Report and charge sheet. This memo may be taken on record in the interest of justice and equity.” 2. Placing the memo on record ground of the incompetent Officer filing the charge sheet is given up. - 3 - HC-KAR CNR: KAHC010590892024 NC: 2026:KHC:51848 WP No. 28461 of 2024 3. However, the argument put forth on behalf of the petitioner to the effect that there is a serious lacuna in not taking the cognizance and summoning the petitioner before the Trial Court is a valid ground to set-aside the order dated 18.11.2017 summoning the petitioner, by exercising the power vested in this Court under Section 482 of the Code of Criminal Procedure. 4. Accordingly, without expressing any opinion on other aspects of the matter, following order is passed: ORDER (i) Writ petition allowed in part by placing the memo on record. (ii) Order dated 18.11.2017 summoning the petitioner is hereby set aside. (iii) Matter is remitted to the Trial Court from the stage of taking cognizance and passing suitable orders, in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 79 CT:VRR