M S Faneesha vs State Of Karnataka
2023 Latest Caselaw 3167 Kant

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                                                        NC: 2023:KHC:20101
                                                        CRL.P No. 8960 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 12TH DAY OF JUNE, 2023
                                           BEFORE
                         THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                            CRIMINAL PETITION NO. 8960 OF 2022
                 BETWEEN:
                 M.S. FANEESHA
                 S/O M.R. SRINIVASA MURTHY
                 AGED 57 YEARS
                 WORKED AS EXECUTIVE OFFICER
                 ARAKALAGUDU TALUK PANCHAYATH
                 ARAKALAGUDU, HASSAN
                 DISTRICT - 573 102
                 NOW WORKING AS
                 SENIOR LECTURER
                 DISTRICT INSTITUTE OF EDUCATION
                 AND TRAINING TAVARADEVARAKOPPALU
                 HASSAN - 573 219.
                                                                  ...PETITIONER
                 (BY SRI MANJUNATH B.R, ADV.)
                 AND:
                 1. STATE OF KARNATAKA
                    BY KONANUR POLICE,
                    REPRESENTED BY
                    STATE PUBLIC PROSECUTOR
Digitally signed    HIGH COURT OF KARNATAKA
by PADMAVATHI
BK                  BANGALORE - 560 001.
Location: HIGH
COURT OF         2.   LAKSHMI NARASAIAH
KARNATAKA             AGED ABOUT 60 YEARS
                      DEPUTY SECRETARY (DEVELOPMENT)
                      ZILLA PANCHAYATH
                      HASSAIN - 573 201.
                                                                ...RESPONDENTS
                 (BY SMT. K.P. YASHODA, HCGP FOR R-1)


                      THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
                 ENTIRE    PROCEEDINGS      AGAINST     THE   PETITIONER   IN
                 C.C.NO.1370/2017 OF KONANUR POLICE STATION, WHICH HAS
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                                             NC: 2023:KHC:20101
                                              CRL.P No. 8960 of 2022




BEEN REGISTERED FOR THE OFFENCE P/U/S 408 AND 409 R/W 34
OF IPC, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND
J.M.F.C., ARAKALAGUD.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                                 ORDER

Learned Counsel for the petitioner submits that the issue

in the lis stands covered by the judgment rendered by this

Court in Crl.P.No.7507/2022 and connected matters.

Learned HCGP would accept the same.

In the light of the aforesaid order, the following:

ORDER

(i) Criminal petition is allowed.

(ii) The order of the learned Magistrate taking cognizance and registering criminal case in C.C.No.1370/2017 impugned in this petition stands quashed.

(iii) The concerned Court shall proceed with the proceedings in all these criminal cases against the petitioner only after the prosecution places on record, sanction for prosecuting the petitioner

NC: 2023:KHC:20101 CRL.P No. 8960 of 2022

before the concerned Court from the hands of the Competent Authority.

(iv) The Competent Authority shall take a decision with regard to the sanction of the prosecution of the petitioner, if any sought for, within a reasonable time without brooking any delay bearing in mind the observations made in the course of the order.

Sd/-

JUDGE

KK