- 1 - HC-KAR NC: 2026:KHC-D:521 CRL.P No. 101860 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101860 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: NISCHAL KUMAR DM S/O. MAHADEVAPPA P POLICE INSPECTOR, KARNATAKA STATE R/O. DOONANDOORU, GAUTAMAPURA POST, SAGARA TALUK, SHIVAMOGGA-577412. …PETITIONER (BY SRI. SHANKAR P. HEGDE, ADVOCATE) AND: 1. STATE BY KARNATAKA LOKAYUKTA POLICE, KARWAR, R/BY SPP HIGH COURT OF KARNATAKA DHARWAD-580011. 2. RAMESH S/O NARAYANA HEGDE AGE. 61 YEARS, OCC. BUSINESS, R/O. YALLAPUR ROAD, VIKAS ASHRAMA TALUK. SIRSHI, DIST. KARWAR-581359. …RESPONDENTS (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO CALL FOR ENTIRE RECORDS FROM SPL.CC.50/2017 FROM THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR, AND QUASH FIR BEARING KARNATAKA LOKAYUKTA KARWAR P.S CRIME NO.05/2015 DATED 13.10.2015 FOR OFFENCES PUNISHABLE U/S 7, 13(1)(d) R/W SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 (VIDE ANNEXURE A) CHARGE SHEET BEARING NO.03/2017 DATED 28.06.2017 FILED AGAINST THE PETITIONER/ ACCUSED NO.1 FOR OFFENCES PUNISHABLE U/S 7, 13(1)(d) R/W SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 (VIDE ANNEXURE C AND Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:521 CRL.P No. 101860 of 2024 THE CONSEQUENT PROCEEDINGS IN SPL.CC.50/2017 PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN SO FOR PETITIONER/ACCUSED NO.1 IS CONCERNED BY EXERCISING POWER U/S 482 OF CR.P.C., IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard the learned counsel Sri.Shankar P. Hegde and learned counsel Sri.Mohankumar M., appearing for petitioner and learned counsel Sri.Santosh B. Malagoudar, appearing for respondent No.1. 2. The petition is filed under Section 482 of the Criminal Procedure Code (hereinafter referred as ‘the Cr.P.C.’) with the following prayer: (i) Call for entire records from Spl.CC.50/2017 from the file of the Principle District and Sessions Judge, Uttara Kannada, Karwar. (ii) Quash FIR bearing Karnataka Lokayukta Karwar PS Crime No.05/2015 dated 13.10.2015 for offences punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (vide Annexure-A), charge sheet bearing No.03/2017 dated 28.06.2017 filed against the petitioner/accused No.1 for - 3 - HC-KAR NC: 2026:KHC-D:521 CRL.P No. 101860 of 2024 offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act,1988 vide Annexure-C and the consequent proceedings in Spl.CC.No.50/2017 pending on the file of the Principle District and Sessions Judge, Uttara Kannada, Karwar in so for petitioner/accused No.1 is concerned by exercising power under Section 482 of Cr.P.C. in the interest of justice and equity.” 3. The petitioner is facing the trial for the offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (hereinafter referred to as ‘the Act’). 4. The trial has commenced, and the complainant and the shadow witness have turned hostile to the case of the prosecution. The voice identification witness, who was examined on behalf of the prosecution, has also turned hostile to the case of the prosecution in the submission made on behalf of the petitioner to fortify the contentions urged in the petition. 5. Sri.Shankar P. Hegde, learned counsel appearing for petitioner would also contend that Departmental Enquiry has ended in his favour and therefore, he would like to impress upon - 4 - HC-KAR NC: 2026:KHC-D:521 CRL.P No. 101860 of 2024 the Court that no useful purpose would be served by continuing with the trial and sought for allowing the petition. 6. Per contra, Sri.Santosh B. Malagoudar, learned counsel appearing for respondent No.1 would submit that once the charge is framed, the case should either end in acquittal or conviction, more so, having regard to the trial being commenced. If the petitioner has having a case on merits, the same would be considered by the trial Court in accordance with law and appropriate orders would be passed. Therefore, he sought dismissal of the petition. 7. Having heard the arguments of both sides, this Court perused the material on record meticulously. 8. On such perusal of material on record, there are favourable circumstances in favour of the petitioner, which would strengthen the case of the petitioner before the trial Court, especially as the material witnesses have turned hostile to the case of the prosecution and the Departmental Enquiry has also ended in favour of the petitioner. 9. As rightly contented by the counsel for respondent, once the charge is framed in a criminal case, except in a rarest of the rarest circumstances, there cannot be any interdiction of - 5 - HC-KAR NC: 2026:KHC-D:521 CRL.P No. 101860 of 2024 the proceedings and the case has to end either in acquittal or conviction. 10. Since the scope of enquiry in a petition filed under Section 482 of the Cr.P.C. is not to hold a mini-trial, this Court is of the considered opinion that if the trial Court is directed to expedite the hearing and dispose of the case as early as possible, it would meet the ends of justice. 11. With that observation, the following order: ORDER The petition dismissed. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 2 SL NO.: 27