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2026 DAILYLAW 50261 (KAR)

SERIOUS FRAUD INVESTIGATION OFFICE v. C P YOGESHWARA

WP/27938/2025 · 2026-02-04

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6607 WP No. 27938 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.27938 OF 2025 (GM-RES) BETWEEN: SERIOUS FRAUD INVESTIGATION OFFICE, MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA, 2ND FLOOR, PARYAVARAN BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003 REPRESENTED BY ASSISTANT DIRECTOR PARAMVEER BHATI. …PETITIONER (BY SRI K. ARVIND KAMATH, ADDL SOLICITOR GENERAL OF INDIA FOR SMT. ANUPARNA BORDOLOI, CGC) AND: 1. C.P. YOGESHWARA S/O SHRI PUTTAMADEGOWDA, AGED ABOUT 60 YEARS, 464, 1ST G CROSS, 2ND PHASE, BANASHANKARI 3RD STAGE, BENGALURU-560085. 2. M/S. MEGACITY (BENGALURU) DEVELOPERS AND BUILDERS LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING OFFICE AT MEGA TOWER, 120, KENGAL HANUMANTHAIAH ROAD, BENGALURU-560027 REP. BY ITS DIRECTOR. …RESPONDENTS (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE A/W SRI VIVEKANANDA N., ADVOCATE FOR R-1) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6607 WP No. 27938 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA R/W SECTION 528 OF THE BNSS, PRAYING TO CALL FOR RECORDS IN C.C.NO.30796/2021 BEFORE THE HON’BLE XLII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU VIDE ANNEXURE-A; SET ASIDE THE IMPUGNED ORDER DATED 28.08.2025 IN C.C.NO.30796/2021 REJECTING THE PETITIONERS APPLICATION UNDER SECTION 311 OF Cr.P.C. PASSED BY HON’BLE XLII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-the Serious Fraud Investigation Office (for short ‘Office’) is before this Court calling in question the order of the concerned Court which rejects the application filed under Section 311 of the Cr.P.C for production of certain documents. 2. Sri K. Arvind Kamath, learned Additional Solicitor General of India, would submit that the production of those documents were imperative, as they were not produced at an earlier point in time. The concerned Court fell in error in interpreting Section 311 and in permitting those documents to be brought on record. 3. Sri. Vikram Huilgol, learned senior counsel along with Sri Vivekananda .N, learned counsel for respondent No.1 - 3 - HC-KAR NC: 2026:KHC:6607 WP No. 27938 of 2025 would not object to the production of those documents. In the light of the said submission, delving deeper into the interpretation of Section 311 or the necessity of production of the documents is not necessary. He further submits that the complaint is of the year 2012 and therefore, the concerned Court be directed to conclude the proceedings within a time frame as this Court may deem fit to fix. 4. In the light of the said circumstance, I deem it appropriate to pass the following: ORDER i. The writ petition is allowed. ii. The order dated 28.08.2025 passed in C.C. No.30796/2021 by the XLII Additional Chief Judicial Magistrate, Bengaluru vide Annexure-A stands quashed. iii. The application filed by the petitioner stands allowed. The documents are permitted to be placed on record. All consequential steps relating to the marking of the documents shall be permitted. - 4 - HC-KAR NC: 2026:KHC:6607 WP No. 27938 of 2025 iv. The concerned Court will endeavour to conclude the proceedings with an outer limit of six months, if not earlier, in accordance with law. Sd/- (M.NAGAPRASANNA) JUDGE MBM List No.: 1 Sl No.: 60