State of Karantaka v. B G Prakash Kumar.
Case brief
What is this about?
suo moto discharge Sections 227 239 CrPC; State revision BMTF CID against Special Judge PC Act Bengaluru; BBMP engineers officials contractors; TVCC report original not produced; secondary evidence Section 65 Evidence Act; Vijay v Union of India 2023 Live Law (SC) 1022; Ratilal Bhanji Mithani (1979) 2 SCC 179; Chandi Puliya (2023) 12 SCC 735; Bharat Parikh (2008) 10 SCC 109; M.E. Shivalingamurthy (2020) 2 SCC 768; sanction Section 19 PC Act Section 197 CrPC granted/refused; CBI v Pramila Virendra Kumar Agarwal (2020) 17 SCC 664; multiple charge-sheets single FIR Crime No.4/2011; W.P.No.7246-7250/2013; charges framed trial commenced PW1 examined; misappropriation amounts chart; all revision petitions allowed; discharge orders set aside; remitted to Trial Court for fresh consideration on merits.
What did the court decide?
All the criminal revision petitions allowed; the discharge orders passed by the Trial Court in all the cases set aside; matters remitted to the Trial Court to consider afresh on merits in view of the Court's observations; Trial Court directed to consider sanction orders given by the State and continue proceedings from the stage of taking cognizance where sanction exists, and to permit the prosecution to place secondary evidence of the TVCC report and record full oral and documentary evidence before disposing of the matters on merits; where no sanction is given, there can be no proceedings against those accused.