Petitioner sought a direction to the State to consider his application for sanction to prosecute an officer under Section 197 Cr.P.C., pending since March 2021. Without expressing any opinion on merits, the court disposed of the petition directing respondent No.1 to act on the application within three months.
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NC: 2024:KHC:21843 WP No. 8598 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2024 BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8598 OF 2024 (GM-RES)
BETWEEN:
SHRI UMESH KONDAJJI AGED ABOUT 43 YEARS, S/O. LATE KONDAJJI NAGAPPA R/O NO.01, KONDAJJI NAGAPPA APARTMENT, BOM COMPOUND, P B ROAD, HARIHAR – 577 601 DAVANAGERE DISTRICT
…PETITIONER
(BY SRI. CHIDAMBARA G S, ADVOCATE)
AND:
Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R1; NOTICE TO R2 IS DISPENSED WITH V/O DT.19/06/2024)
NC: 2024:KHC:21843 WP No. 8598 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECTING THE R1 TO CONSIDER AND PASS ORDERS ON THE APPLICATION DATED 23.03.2021, VIDE ANNEXURE-H SUBMITTED BY THE PETITIONER IN TERMS OF THE SECTION 197 OF CR.P.C SEEKING SANCTION TO PROSECUTE THE R2.
THIS PETITION, COMING ON FOR PREMINIARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks for the following reliefs:
“a) Issue appropriate writ or order or direction directing the respondent No.1 to consider and pass orders on the application dated 23-03-2021, vide, Annexure – H submitted by the petitioner in terms of section 197of Cr.P.C seeking sanction to prosecute the respondent No.2;
c) Issue any other appropriate writ or order or direction as this Hon’ble Court deems it appropriate in the admitted facts and circumstances of the case to secure the ends of justice; d) Award the cost of this proceeding.”
for respondent No.1 and perused the material on record.
on claim of the petitioner, I deem it just and appropriate to dispose of this petition directing the respondent No.1 to take necessary steps / action pursuant to the application dated 23.03.2021 and pass appropriate orders / take appropriate decision in accordance with law, within a period of 3 months from the date of receipt of a copy of this order.
Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/JUDGE
DHA List No.: 1 Sl No.: 8
1 issue framed by the court
Whether respondent No.1 should be directed to decide the petitioner's application dated 23.03.2021 seeking sanction under Section 197 Cr.P.C. to prosecute respondent No.2.
2 provisions across 2 enactments
Umesh Kondajji
State of Karnataka, represented by its Under Secretary, Department of Personnel and Administrative Reforms
Mamatha Hosagoudar
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
