Mr. a. D. Nagaraj Vs the State of Karnataka

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE PROCEEDINGS IN SPL.C.41/2011 (ARISING OUT OF FIR IN CRIME NO.6/2009 OF KARNATAKA LOKAYUKTA POLICE STATION) REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 13(1)(e) READ WITH SECTION 13(2) OF PC ACT IN SO FAR AS THE PETITIONER IS CONCERNED VIDE ANNEXURE-F.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This petition is preferred with a prayer to issue a writ

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of certiorari quashing the proceedings in Spl. C.No.41/2011 pending on the file of the III Additional District and Sessions Judge, D.K., Mangaluru.

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The learned Senior counsel appearing for petitioner would submit that he will limit the prayer for a direction to the trial Court to conclude the trial in a time bound manner, as the incident relates to the year 2009. He submitted that the trial Court has completed recording the evidence of the prosecution witnesses and the defence has

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3 - NC: 2025:KHC:39858 WP No. 6374 of 2025

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HC-KAR

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examined 2 witnesses, wherein the cross-examination of DW.2 is yet to be concluded and the matter is listed for his cross-examination on 07.11.2025. He submitted that the case is being prolonged unnecessarily at the instance of the prosecution and therefore, necessary direction may be issued in this regard.

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The matter pertains to a case registered against the petitioner for allegedly amassing assets disproportionate to his known source of income. The source report is dated 01.07.2009. The chargesheet is filed in the year 2011 for the offence punishable under Section 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988. The matter is pending before the trial Court for the last 14 years. In that view of the matter, the prayer now sought by the learned Senior counsel appears to be reasonable.

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It is submitted that the case is listed before the trial Court on 07.11.2025 for cross-examination of DW.2. Learned counsel appearing for respondent No.2 submits

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4 -

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NC: 2025:KHC:39858 WP No. 6374 of 2025

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HC-KAR

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that the prosecution will conduct the cross-examination of

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DW.2 and cooperate for the early disposal of the case.

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In the above facts and circumstances, the trial Court is directed to expedite the trial and conclude the same as far as possible within a period of 4 months from the date of conclusion of the defence evidence.

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