Sri Gangadharappa Munindra Kumar @ G M Kumar Vs… — Writ and Judicial Review | Karnataka HC (2026)

Sri Gangadharappa Munindra Kumar @ G M Kumar Vs… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None; the petition and the pending interlocutory applications were dismissed, with the Court noting that the Special Public Prosecutor shall proceed with the prosecution of the matter.

Issue for consideration

Whether the order dated 05.07.2023 allowing Respondent No.4 to conduct prosecution as Special Public Prosecutor in C.C. 11353/2023 is illegal and liable to be quashed by writ of certiorari. +1 more

Court's answer

The impleading application to implead the current Special Public Prosecutor cannot be maintained at the instance of the petitioner.

Ratio / Principle

Since Respondent No.4 issued a NOC during the pendency of the writ petition and is no longer prosecuting the matter, the petition challenging his appointment as Special Public Prosecutor has been rendered infructuous.

Key takeaways

The petitioner, being the accused, has no role to play in who prosecutes the matter.ratio¶35
No grounds being made out, the writ petition stands dismissed.ratio¶36
Pending interlocutory applications do not survive for consideration and stand dismissed.ratio¶42

Detailed headnote1 paragraphs

Accused's challenge to appointment of Special Public Prosecutor — dismissed as infructuous; accused has no role in who prosecutes. In WP No.7070/2024 (GM-RES), the petitioner Gangadharappa Munindra Kumar @ G M Kumar, an accused in C.C. 11353/2023 before the IV Additional Chief Metropolitan Magistrate, Bengaluru City, sought certiorari under Articles 226 and 227 of the Constitution to quash the order dated 05.07.2023 (Annexure-A order sheet) permitting Respondent No.4, an advocate, to conduct prosecution as Special Public Prosecutor on the application of Respondents 3 and 4. During pendency, Respondent No.4 issued a NOC and withdrew from prosecution, rendering the petition infructuous. An application (IA-2/2024) to implead the newly appointed Special Public Prosecutor was held incapable of being maintained at the instance of the petitioner, the Court holding that the accused 'has no role to play in who prosecutes the matter'. The petition was dismissed for want of grounds and pending IAs were dismissed. (Suraj Govindaraj, J.)

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NC: 2026:KHC:29651 WP No. 7070 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 7070 OF 2024 (GM-RES)

BETWEEN:

SRI GANGADHARAPPA MUNINDRA KUMAR @ G M KUMAR S/O GANGADHARAPPA AGED ABOUT 45 YEARS R/AT NO.277, 4^TH WEST OF CHORD ROAD, KAIGARIKA NAGAR, RAJAJINAGAR BENGALURU - 560 044

… PETITIONER

(BY SRI. KASHINATH J D., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY VIJAYANAGARA POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE DIRECTOR OF PROSECUTIONS DEPARTMENT OF PROSECUTIONS AND GOVERNMENT LITIGATIONS 6^TH FLOOR, K.H.B COMPLEX CAUVERY BHAVAN K.G. ROAD BENGALURU - 560 009

SRI. ASHWIN MAHENDRA S/O B MAHENDRA AGED ABOUT 35 YEARS R/AT NO. 301/10, 36^TH CROSS 7^TH C MAIN, 4^TH BLOCK JAYANAGAR BENGALURU - 560 011

2 - NC: 2026:KHC:29651 WP No. 7070 of 2024

HC-KAR

SRI. B.R. DEEPAK ADVOCATE B.R. DEEPAK ASSOCIATES NO.239, 4^TH MAIN ROAD, CHAMARAJAPETE BENGALURU - 560 018

… RESPONDENTS

(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2; SRI KARTHIK N., ADVOCATE FOR R4; SRI ARNAV A. BAGALWADI, ADVOCATE A/W SRI P. USMAN, ADVOCATE FOR R3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE COSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 05/07/2023 PASSED ON APPLICATION FIELD BY R3 AND 4 FILED IN CC 11353/2023 PENDING ON THE FILE OF IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY AS PART OF ANNEXURE-A ORDER SHEET IN SO FAR AS ALLOWING RESPONDENT NO.4 CONDUCT PROSECUTION AS SPECIAL PUBLIC PROSECUTOR AS ILLEGAL AND BAD IN LAW AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The petitioner is before this Court seeking for the following reliefs:

i. Issue writ in the nature of certiorari to quash the impugned order dated: 05.07.2023 passed on application filed by respondent No.3 and 4 filed in C.C. 11353/2023 pending on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru City as part of Annexure-A order sheet in so far as allowing respondent No.4 conduct prosecution as Special Public Prosecutor as illegal and bad in law.

ii. Pass appropriate order or direction or any other writ deems fit to the facts and circumstances of the case and to meet the interest of justice.

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NC: 2026:KHC:29651 WP No. 7070 of 2024

HC-KAR

What was challenged was the Order dated 5.07.2023 appointing respondent No. 4 as a Special Public Prosecutor. During pendency of the above matter, respondent No.4 has issued a NOC and is no longer prosecuting the matter. In that view of the matter, the petition has been rendered infructuous.

After the said prosecutor had issued NOC, IA-2/2024 has been filed to implead the present Special Public Prosecutor Special Public Prosecutor appointed subsequently.

The petitioner had approached this court challenging the appointment of earlier Special Public Prosecutor, who is now retired from the matter and issued NOC. The impleading application to implead the current Special Public Prosecutor cannot be maintained at the instance of the petitioner. The petitioner being the accused, has no role to play in who prosecutes the matter.

No grounds being made out, the petition stands dismissed . Needless to say, the Special Public

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NC: 2026:KHC:29651 WP No. 7070 of 2024

HC-KAR

Prosecutor shall proceed with the prosecution of the

matter.

Pending IAs do not survive for consideration and stand dismissed.

Sd/-

(SURAJ GOVINDARAJ) JUDGE

LN

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