IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.207/2019 BETWEEN:
Sri. B.H. Siddappa, S/o. Late Sri. Halappa, Aged about 64 years, Assistant Commissioner (Retd.,), R/o.No.147, Neeraja Nilaya, Chikkallasandra, Bengaluru -560 061. …Petitioner (By Sri. C.H. Jadhav, Senior Counsel for Smt. Rashmi Jadhav, Advocate) AND The State of Karnataka By the Lokayuktha Police, Davanagere.
Represented by Special Public Prosecutor, Karnataka High Court Building, Bengaluru -560 001. …Respondent (By Sri. Venkatesh S. Arabatti, Spl. Public Prosecutor) This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C. praying to quash the impugned order passed by the learned Principal District and Sessions Judge and Special Judge (Lokayukta) Davanagere dated 20.10.2018 passed in Spl.C.(Lokayukta) No. 3/2008 as illegal, erroneous, contrary to law and are abuse of process of law against the accused p/u/s 13(1)(e), 13(2) of P.C. Act.
This Criminal Revision Petition coming on for admission, this day, the Court made the following:
ORDER Heard learned Senior Counsel for the petitioner Sri. C.H. Jadhav, and the learned Special Public Prosecutor for respondent-Lokayukta on I.A.1/2019.
2. The present petition has been filed challenging the order passed by the Principal District and Sessions Judge and Special Judge (Lokayuktha), Davangere in Special Case No.3/2008 dated 30.10.2018.
3. During the course of argument, learned Senior Counsel urged many grounds and prays to quash the impugned order passed by the Court below.
4. Learned Special Public Prosecutor submits that all the grounds may be urged before the Court below at the time of trial.
5. Learned senior counsel for the petitioner also fairly submits and prays that by giving liberty to urge those grounds before trial Court during the course of trial, the petition may be disposed off.
The said submission is placed on record.
Accordingly, Criminal Revision Petition is disposed off reserving liberty to the petitioner to urge all the grounds before the Court below during the course of the trial.
Further, it is observed that the point of sanction may be heard and decided as a preliminary issue, if evidence has not been commenced.
In view of the disposal of main petition I.A.No. 1/2019 does not survive for consideration. Consequently, I.A. No.1/2019 also disposed off.
BVK/SSD Sd/- JUDGE