State of Karnataka v. Sri P Muralidhara Rao
Case brief
What is this about?
In a criminal revision petition challenging the discharge of three accused employees of FCI for corruption, the High Court held that since the accused were exonerated in a subsequent departmental enquiry based on the same facts and evidence, the trial court's discharge was maintained and the State's challenge was rejected.
What did the court decide?
Petition under Section 397 Cr.P.C rejected; discharge order affirmed.
What the court decided
- 1 -
CRL.RP No. 917 of 2019 NC: 2023:KHC:40247
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO.917 OF 2019
BETWEEN:
STATE OF KARNATAKA REPRESENTED BY POLICE INSPECTOR, KARNATAKA LOKAYUKTHA POLICE STATION, MANGALURU DIVISION, MANGALURU. D.K.
…PETITIONER
(BY SRI. VENKATESH S ARBATTI, ADVOCATE)
AND:
- SRI P MURALIDHARA RAO S/O P GUNDU RAO, AGED ABOUT 63 YEARS, RESIDING AT KEDHARA SANCHAYAGIRI POST OFFICE ROAD,
Issues for consideration
2 issues framed by the court
Whether the discharge of accused in trial was sustainable given their exoneration in a departmental enquiry based on the same facts pursuant to Ashoo Surendranath Tewari?
Whether the High Court should set aside the trial court's discharge order challenging the sufficiency of prima facie material?
Parties & counsel
- petitioner
State of Karnataka represented by Police Inspector, Karnataka Lokayukta Police Station, Mangaluru Division, D.K.
- respondent
Sri P Muralidhara Rao (accused No. 1)
- respondent
Sri Puttaliningayya (accused No. 2)
- respondent
Sri K Jeewandar Ajri (accused No. 3)
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- CRL.RP/917/2019
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