- 1 - HC-KAR NC: 2026:KHC:7418 WP No. 28947 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28947 OF 2025 (GM-RES) BETWEEN: SRI C R THIMMARAJU S/O. LATE RANGASWAMY, AGED ABOUT 55 YEARS, RESIDING AT MATHRU CHAYA NILAYA, 3RD CROSS, NEW SUKRUTA HOSPITAL, MANJUNATH NAGAR, TUMKURU-572103 …PETITIONER (BY SRI. VARTHAN SHENOY.K., ADVOCATE FOR SRI. PRITHVEESH M K., ADVOCATE) AND: 1. THE STATE BY CHIKKANAYAKANAHALLI POLICE STATION, REPRESENTED BY ITS INSPECTOR OF POLICE, TUMKUR - 572 214. 2. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU 560 001. …RESPONDENTS (BY SRI. M.R. PATIL., HCGP FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING CALL FOR RECORDS FROM THE RESPONDENTS AND ALSO FOR RECORDS FROM THE COURT BELOW IN C.C NO. 713/2025 PENDING ON THE FILE OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7418 WP No. 28947 of 2025 THE HONBLE PRL. CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI AND ETC. THIS WRIT 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: a) Call for records from the Respondents and also for records from the Court below in C.C. No. 713/2025 pending on the file of the Hon’ble Principal Civil Judge and JMFC, Chikkanayakanahalli. (b) Issue a writ of order quashing the (i) impugned order of sanction dated 17.01.2025 passed by the 2nd Respondent bearing No.DPI- CPI0C2/CCA/5/2021 E-45487 (Annexure-D); (ii) impugned charge sheet dated 28.06.2023 filed by the 1st Respondent (Annexure-E), (iii) the impugned order dated 19.03.2025 passed in C.C.No.713/2025 (Annexure-F), and all the proceedings in C.C.No.713/2015 pending on the file of the Hon’ble Principal Civil Judge and JMFC, Chikkanayakanahalli (Annexure-F), all in sofar as the petitioner (Accused No.1) is concerned, in the interest of justice and equity. (c) Pass any other order as this Hon’ble Court deems fit in the facts and circumstances of the present case, including but not limited to the cost of the writ petition, in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:7418 WP No. 28947 of 2025 2. Learned HCGP submits that the order of sanction dated 17.01.2025 at Annexure-D has been withdrawn by the respondents vide the subsequent order of sanction dated 19.12.2025. If that be so, if an order of sanction has been withdrawn, the charge sheet, on the basis of the said order of sanction and the cognizance which had been taken on that basis, cannot be countenanced in law. As such, I pass the following: ORDER i) Writ petition is allowed. ii) The submission of learned HCGP that the order of sanction dated 17.01.2025 has been withdrawn is placed on record. iii) The charge sheet dated 28.06.2023 filed by the first respondent is quashed in respect to the petitioner is concerned. iv) The order dated 19.03.2025 passed in C.C.No.713/2025 insofar as taking of cognizance and so in respect to the petitioner is concerned is quashed. - 4 - HC-KAR NC: 2026:KHC:7418 WP No. 28947 of 2025 v) Liberty is, however, reserved to the petitioner to challenge the sanction granted on 19.12.2025. vi) Needless to say, post the order of sanction dated 19.12.2025 respondents are at liberty to take such action as is permissible under law. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 44