Disposed

Mr P H Mohan v. State of Karnataka

Karnataka HC4 Dec 2024CRL.P/11017/2024

Case brief

AI extract

What is this about?

Two petitions sought quashing of a Lokayukta FIR and stay of investigation for IPC and Prevention of Corruption Act offences. The court held quashing relief not maintainable since investigation was complete and final report filed, reserving liberty to challenge the charge sheet.

What did the court decide?

Petitions disposed of; liberty reserved to challenge the charge sheet when filed; interim applications disposed as not surviving.

Mr P H Mohan Vs State of Karnataka — Corruption | Karnataka HC (2024)

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1 - NC: 2024:KHC:50034 CRL.P No. 11017 of 2024 C/W CRL.P No. 10995 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION NO. 11017 OF 2024 (482(Cr.PC) / 528(BNSS)-) C/W

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CRIMINAL PETITION NO. 10995 OF 2024 (482(Cr.PC) / 528(BNSS)-)

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IN CRL.P No. 11017/2024 BETWEEN:

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MR P H MOHAN S/O LATE MR HUCHANNA, AGED ABOUT 49 YEARS, R/AT NO 1, 1^ST CROSS ROAD, SAIBABA ROAD, BANAGIRI NAGAR, KATRIGUPPE, BANASHANKARI 3^RD STAGE, BENGALURU 560010

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…PETITIONER

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(BY SRI. NISHANTH A V.,ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY KARNATAKA LOKAYUKTA POLICE WING CITY DIVISION, DR BR AMBEDKAR ROAD, MS BUILDING, BENGALURU 560001 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR

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…RESPONDENT

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(BY SRI. B. LATHIF.,ADVOCATE)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO. 80/2015, REGISTERED BY THE KARNATAKA LOKAYUKTA POLICE STATION, BENGALURU CITY DIVISION DATED 31/12/2015 FOR OFFENCES PUNISHABLE UNDER SECTIONS 409, 468, 471, 420 R/W SECTION 120(B) OF THE INDIAN PENAL CODE, 1860 AND FOR OFFENCES PUNISHABLE UNDER SECTION 13(1)(d) AND 13(2) OF THE PREVENTION OF CORRUPTION

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2 - NC: 2024:KHC:50034 CRL.P No. 11017 of 2024 C/W CRL.P No. 10995 of 2024

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ACT, 1988 AGAINST THE PETITIONER - ACCUSED NO. 6 VIDE ANN-A FILE PENDING IN THE HONBLE COURT OF XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT, 1988 AND ETC.

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IN CRL.P NO. 10995/2024 BETWEEN:

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MR CHANDRAPPA S/O MR KEMPAIAH, AGED ABOUT 75 YEARS, R/AT NO.957/1, 12^TH MAIN ROAD, SRINIVASA NAGAR, BSK 1^ST STAGE, BANGALORE SOUTH, BANASHANKARI, BANGALORE- 560050. SENIOR CITIZENSHIP NOT CLAIMED. (BY SRI. NISHANTH A V.,ADVOCATE)

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...PETITIONER

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AND:

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STATE OF KARNATAKA BY KARNATAKA LOKAYUKTHA POLICE WING, CITY DIVISION, DR B R AMBEDKAR ROAD, M S BUILDING, BENGALURU-560001 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR. M S BUILDING, BENGALURU-560001 (BY SRI. LATHIF B.,ADVOCATE)

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...RESPONDENT

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THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CRIME NO. 80/2015, REGISTERED BY THE KARNATAKA LOKAYUKTHA POLICE STATION, BENGLAURU CITY DIVISION, FOR OFFENCES PUNISHABLE UNDER SECTIONS 409, 469, 471, 420 R/W SECTION 120 OF THE INDIAN PENAL CODE, 1860 AND FOR OFFENCES PUNISHABLE UNDER SECTION 13(1)(d) AND 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 AGAINST THE PETITIONER - ACCUSED NO. 5 VIDE ANN-A, FILE PENDING ON THE HON’BLE OF XXIII ADDL. CITY CIVIL AND SESSIONS COURT AND SPECIAL JUDGE. FOR PREVENTION OF CORRUPTION ACT 1988 JUDGE BENGALURU URBAN DISTRICT AND ETC.

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3 - NC: 2024:KHC:50034 CRL.P No. 11017 of 2024 C/W CRL.P No. 10995 of 2024

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THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the

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following reliefs;

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In Crl.P No.11017/2024:

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a. Quash the FIR in Crime No.80/2015, registered by the Karnataka Lokayukta Police Station, Bengaluru City Division, dated 31.12.2015 for offences punishable under Sections 409, 468, 471, 420 r/w Section 120 (B) of the IPC, 1860 and for the offences punishable under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 against the Petitioner-Accused No.6 vide AnnexureA; file pending in the Hon’ble Court of XXIII Addl. City Civil and Sessions Judge & Special Judge for Prevention of Corruption Act-1988;

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b. Quash the Complaint dated 24.11.2015 filed against the Petitioner-Accused No.6 vide Annexure-B;

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c. Quash the Copy of the Final Investigation Report dated 05.08.2016 in Crime Number 80/2015, filed under Section 464, 466, 468, 471, 420, Read with Section 120(B) of the India Penal Code and Section 13(1)(D), read with Section 13(2) of Prevention of Corruption Act, 1988, by the Respondent No.1, vide Annexure-C in so far as the Petitioner is concerned;

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d. Pass such other order’s grant such other relief’s as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case.

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In Crl.P. No.10995/2024

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a. Quash the FIR in Crime No.80/2015, registered by the Karnataka Lokayukta Police Station, Bengaluru

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NC: 2024:KHC:50034 CRL.P No. 11017 of 2024 C/W CRL.P No. 10995 of 2024

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City Division, dated 31.12.2015 for offences punishable under Sections 409, 468, 471, 420 r/w Section 120 (B) of the IPC, 1860 and for the offences punishable under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 against the Petitioner-Accused No.5 vide AnnexureA; file pending in the Hon’ble Court of XXIII Addl. City Civil and Sessions Judge & Special Judge for Prevention of Corruption Act-1988;

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b. Quash the Complaint dated 24.11.2015 filed against the Petitioner-Accused No.6 vide Annexure-B;

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c. Quash the Copy of the Final Investigation Report dated 05.08.2016 by the Respondent vide Annexure-C in so far as the petitioner is concerned;

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d. Pass such other order’s grant such other relief’s as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case.

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The submission of learned counsel for respondent is that investigation has been completed and final report has been filed which is produced by the petitioners themselves at Annexure-C in Crl.P.No.11017/2024 as also at Annexure-C in Crl.P.No.10995/2024.

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If that be so, the reliefs which have been sought for in the present matter seeking for quashing of the FIR and stay of investigation is not maintainable for the

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5 - NC: 2024:KHC:50034 CRL.P No. 11017 of 2024 C/W CRL.P No. 10995 of 2024

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simple reason that the investigation has already been

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completed.

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Reserving liberty to the petitioner to challenge the charge sheet, if and when filed. The petition stands disposed of .

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In view of disposal of the main petitions, pending IA's do not survive for consideration. Hence, IA's stands disposed of.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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SR List No.: 2 Sl No.: 8

Mr P H Mohan v. State of Karnataka

Case brief

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Mr P H Mohan v. State of Karnataka

Case brief

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