K. v. Nagaraj @ Swastik Nagaraj v State by Lokayuktha Police
Case brief
What is this about?
HIGH COURT OF KARNATAKA, BENGALURU DATED…
HIGH COURT OF KARNATAKA, BENGALURU DATED…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2020 BEFORE
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.37094/2018 (GM-RES)
BETWEEN
K.V. NAGARAJ @ SWASTIK NAGARAJ S/O. LATE K. GOPAL SETTY, AGED ABOUT 45 YEARS, DIRECTOR, M/S.SWASTIK STEEL HOSPET PVT. LTD., R/AT 8TH CROSS, M.J. NAGAR, GEETA GOPAL MANSION, HOSPET-583 201.
... PETITIONER
(BY SRI. R. NAGENDRA NAIK, ADV.)
AND
STATE BY LOKAYUKTHA POLICE SPECIAL INVESTIGATION TEAM FOR MINING CASES, UAS CAMPUS, HEBBALA, BENGALURU, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 024.
... RESPONDENT
(BY SRI. B.S. PRASAD, SPL.PP AND SRI VENKATESH S. ARBATTI, SPL. PP. )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO CALL FOR THE RECORDS IN SPL.CC NO.471/2016 ON THE FILE OF THE
2
XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR LOKAYUKTHA CASES, BENGALURU AND TO QUASH THE SAID PROCEEDINGS, ETC..
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THROUGH VIDEO CONFERENCE/PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri. B.S. Prasad, learned Standing Counsel takes
notice for Lokayuktha Police (SIT for Mining Cases). He is permitted to file Vakalath/Memo of Appearance in the office.
3
Sri.Mohammed Muneer opened a firm by name M/s. Shafia Minerals. Affairs of the said firm were looked after by the petitioner. It is alleged that, by entering into a conspiracy with the aforesaid Mohammed Muneer, petitioner purchased 7000 Metric Tons of Iron Ore from Sri. Shyam Naik in the name of M/s. Shafia Minerals and sold the same on the strength of fabricated documents without payment of requisite royalty to the Government and thereby caused loss of Rs.96,40,556/- to the State Exchequer and thereby committed offence punishable under Sections 379, 420, 409, 471, 120(B) of IPC and Section 21 read with 4(1) & 4(1)(A) of Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘MMDR Act’).
4
5
Sd/-
KGR*
K.V. Nagaraj @ Swastik Nagaraj
State by Lokayuktha Police SIT for Mining Cases
John Michael Cunha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court