IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION No.50468/2019 (GM-RES) BETWEEN:
Mr. VINAYAK, S/O SRI BASAVARAJA KATAGI, AGED ABOUT 37 YEARS, R/O DHARWAD BASAPPA CHOWK, KURABARA ONI, DHARWAD – 580 029.
(BY SRI ANIL KUMAR, ADV.) AND:
1. STATE OF KARNATAKA THROUGH ADDL. CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.
2. CENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION BRANCH NO.36 BELLARY ROAD, GANGANAGAR, BANGALORE – 560 032.
REP BY ITS SUPERINTEND OF POLICE.
3. STATION HOUSE OFFICER, DARWAD SUB – URBAN POLICE STATION DHARWAD – 580 029.
REPRESENTED BY:
STATE PUBLIC PROSECUTOR, … PETITIONER HON’BLE HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
… RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA. FOR R1 & R3 SRI P. PRASANNA KUMAR, ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 06.09.2019 PASSED BY THE 1ST RESPONDENT WHEREIN THE 1ST RESPONDENT PURPORTEDLY ACTING UNDER SECTION 6 OF THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946 HAS ACCORDED SANCTION TO THE CENTRAL BUREAU OF INVESTIGATION TO CONDUCT FURTHER INVESTIGATION WITH RESPECT TO CRIME NO.135/2016 REGISTERED WITH THE DHARWAD SUB-URBAN POLICE STATION, DHARWAD, VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner files a memo dated 25.11.2019 stating that the CBI has registered FIR and therefore, prayer sought for in the writ petition does not survive for consideration. Hence, the writ petition may be dismissed as withdrawn with liberty to challenge the FIR.
Memo is placed on record. Writ Petition is dismissed as withdrawn with liberty to challenge the FIR only in accordance with law.
Sd/- JUDGE PKS