Shivakumar and Anr. v. the State of Karnataka and Anr.
Case brief
What is this about?
Karnataka High Court: discharge does not amount to acquittal; Trial Magistrate's discharge order set aside by Sessions Judge in State revision; Sessions Judge faulted for not applying mind to sanction to prosecute a public servant (Code of Criminal Procedure); IPC-chargesheeted revenue-officer petitioners; matter remanded for fresh, merits-based disposal of discharge application; liberty reserved to urge grounds before Trial Magistrate; petition dismissed. Extracted from a font-corrupted source via internally consistent character-map reconstruction; numerals, dates and names unrecoverable.
What did the court decide?
No substantive relief to the petitioners; liberty reserved to the petitioners to urge all available grounds before the Learned Trial Magistrate, with the discharge application to be disposed of on merits in accordance with law.