Sri. Kl Nagaraja vs State By Karnataka Lokayukta ...
2023 Latest Caselaw 1975 Kant

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                                                  WP No. 6583 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 23RD DAY OF MARCH, 2023

                                     BEFORE
                       THE HON'BLE MR JUSTICE K.NATARAJAN
                      WRIT PETITION NO. 6583 OF 2023 (GM-RES)
             BETWEEN:

                SRI. KL NAGARAJA
                S/O LATE LINGAPPA
                AGED ABOUT 71 YEARS
                RETD, SR, MOTOR VEHICLE INSPECTOR
                R/O HOUSE NO.3864/687
                RENUKA NILAYA 2ND CROSS
                ASHOKA NAGARA
                TUMKUR-563121


                                                        ...PETITIONER

             (BY SRI.SHANKAR P HEGDE, ADVOCATE)
Digitally    AND:
signed by
CHAITHRA
A
                STATE BY KARNATAKA LOKAYUKTA POLICE
Location:
High Court      TUMKUR,
of              REPRESENTED BY SPP,
Karnataka
                HIGH COURT OF KARNATAKA,
                BENGALURU -560001.
                (COMPLAINANT BEFORE TRIAL COURT).


                                                      ...RESPONDENT
             (BY SRI.VENKTESH ARBATTI, ADVOCATE)

                    THIS WRIT PETITION IS FILED PRAYING TO QUASH BY
             ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI OR ANY
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                                       WP No. 6583 of 2023




OTHER WRIT THE ORDER DTD 29/12/2022, PASSED BY THE
LEARNED    TRIAL    COURT,   THEREBY    TAKING    DEFENCE
EVIDENCE    AS     CLOSED    AND    SUBSEQUENT     ORDERS
INCLUDING ORDER DTD 01/03/2023 BY WHICH CASE WAS
POSTED FOR JUDGMENT, PASSED BY THE LEARNED VII
ADDL. DIST. AND SESSION SPECIAL JUDGE TUMKURU IN
SPL. C.C.NO.107/2014 VIDE ANNEXURE-G AND ETC.


     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

                            ORDER

Sri.Venktesh Arbatti, learned counsel takes notice

for respondent.

2. Office objections are over-ruled.

3. This writ petition is filed by the petitioner under

Article 226 and 227 of the Constitution of India for issue a

writ in the nature of certiorari and issue a direction to

consider the applications filed by the petitioner under

Sections 310, 311 and 91 of Cr.P.C dated 21.11.2022.

But the Trial Court, without passing any orders on the

WP No. 6583 of 2023

above said applications, proceeded to post the matter for

judgment going to be delivered on 27.03.2023.

4. Heard the arguments of the learned counsel

appearing for the petitioner and Special Counsel for the

respondent.

5. The case of the prosecution is that the petitioner

has been charge sheeted by the respondent - Lokayukta

Police for the offences punishable under Section 13(1)(e)

read with Section 13(2) of Prevention of Corruption Act

and the prosecution has examined several witnesses.

After recording the statement under Section 313 Cr.P.C,

the petitioner - accused also examined almost thirteen

witnesses. During pendency of the defense evidence, the

petitioner has filed applications under Sections 310, 311

and 91 of Cr.P.C on 21.11.2022 for summoning the ACR of

the petitioner from the authority, for summoning D.W.13

for further examination and also making local inspection.

But the Trial Court, without passing any orders on the said

WP No. 6583 of 2023

applications and without hearing the arguments,

proceeded to post the matter for judgment. Hence, the

petitioner is before this Court.

6. Having heard the arguments and perused the

records especially the applications filed by the petitioner

and the case on hand, wherein the lokayukta police have

filed charge sheet against the accused for amassing

assets, which is disproportionate to his known source of

income. The prosecution has examined so many witnesses

and the accused has also examined twelve witnesses and

he himself examined D.W.13. During the course of cross-

examination of the witnesses and the evidence, he has

contended that he is having landed properties. ACR is with

the Authority, which is necessary to prove his case. But

the Trial Court, without passing any orders on these

applications, proceeded to post the matter for judgment

without giving an opportunity to the defence for arguing

the matter. The order sheet of the Trial Court also reveals

that opportunity has not been granted to the petitioner for

WP No. 6583 of 2023

arguing the matter and no order has been passed on the

above said applications filed by the petitioner - accused.

Therefore, it is necessary for the Trial Court to pass orders

either to allow or reject the above said applications.

Without passing any orders, the Trial Court proceeded to

post the matter for judgment, it is nothing but a denial of

fair trial. Accordingly, this petition deserves to be allowed.

Therefore, the writ petition is allowed. The Trial

Court is directed to pass orders on the above said

applications filed by the petitioner under Sections 311, 310

and 91 of Cr.P.C by giving opportunity to both sides and

decide the matter in accordance with law.

Sd/-

JUDGE

NBM