IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRL.P.No.6659/2014 BETWEEN:
1. Sri Nagabushan, S/o Channabasavegowda, Aged about 57 years, Working as Commissioner, C.M.C., Chickmagalur, Chickmagalur Distr-577 101.
2. Jayakumar, S/o M.Josef, Aged about 30 years, Working as Assistant Executive Engineer, Mysore City Corporation, Mysore – 570 001.
3. Sri H.P.Nagendraiah, S/o late H.B.Dharmapaliah, Aged about 57 years, Presently working as Assistant Executive Engineer, C.M.C., Chickmagalur, Chickmagalur District – 577 101. … PETITIONERS (By Sri A.Nagarajappa, Adv.) AND:
1. Sri N.Annappa, S/o Ningannasheeti, Aged about 73 years, Opposite to Akasha Vaani, Salagama Road, Hassan – 573 201.
2. The State by Lokayuktha Police, Hassan, Hassan District – 573 201. … RESPONDENTS (By Sri B.S.Prasad, Spl. PP for R-2; R-1 served) This criminal petition is filed under Section 482 Cr.PC praying to quash the private complaint in PCR No.47/2013 dated 20.08.2013 of respondent No.1 on the file of the Prl. District & Sessions Judge, Hassan at Annexure-A and FIR in Crime No.55/2013 dated 28.08.2013 on the file of the Prl. District & Sessions Judge, Hassan, FIR filed by the respondent No.2 at Annexure-B.
This petition coming on for admission, this day, the Court made the following:
ORDER 1. The petitioners before this Court are accused nos.6, 7 & 8 in Crime No.55/2013 registered for the offences punishable under Section 13(1)(c)(d) and 13(2) of Prevention of Corruption Act, 1988 and Sections 420, 409 read with 149 IPC.
2. When the matter is taken up for hearing, learned Counsel for the petitioners has produced a copy of the order passed by this Court in Crl.P.No.2006/2014 c/w Crl.P.No.2005/2014, Crl.P.No.999/2015, W.P.No. 52901/2013, W.P.Nos.27692-693/2015 dated 08.09.2016, wherein the order directing investigation of the complaint under Section 156(3) of Cr.PC has been quashed and the matter is remitted to the Trial Court with a direction to proceed from the stage of presentation of complaint in accordance with law.
3. The petitioners herein namely, accused nos.6, 7 & 8 also stand on par with the above accused, as the investigation was undertaken against the petitioners based on the reference order under Section 156(3) Cr.PC which has been already quashed in Crl.P.No.2006/2014 and connected matters.
4. For the above reasons, this petition is also allowed.
The order directing investigation of the complaint under Section 156(3) of Cr.PC in so far as the petitioners are concerned, is quashed and the matter is remitted to the Trial Court to proceed from the stage of presentation of the complaint, in accordance with law. In the event the Trial Court or the Special Judge has already passed any orders on the complaint even in respect of the present petitioners, the said orders shall stand irrespective of this order.
Sd/- JUDGE KK