Karnataka High Court
G Shankar vs State By Yelahanka New Town Police on 3 October, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:35693-DB
WA No. 1132 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 1132 OF 2022 (GM-RES)
BETWEEN:
G SHANKAR,
S/O LATE C S GUNDAPPA,
AGED ABOUT 52 YEARS,
R/A NO.(166)8, MATHRU,
2ND STAGE, K H B COLONY,
BASAVESHWARANAGAR,
BENGALURU-560 079.
...APPELLANT
(BY SRI. KARTHIK YADAV U.,ADVOCATE)
AND:
Digitally signed
by SHARADA 1. STATE BY YELAHANKA NEW TOWN POLICE,
VANI B REPRESENTED BY POLICE INSPECTOR,
Location: HIGH YELAHANKA NEW TOWN,
COURT OF BENGALURU-560 064.
KARNATAKA
2. SRI K G CHIKKAPEDDANNA,
S/O GANGULAPPA,
AGED ABOUT 47 YEARS,
WORKING AS ADDITIONAL SUB REGISTRAR,
MAHADEVAPURA, BENGALURU EAST TALUK,
BENGALURU-560 048.
...RESPONDENTS
(BY SMT.SHWETHA KRISHNAPPA.,AGA FOR R1)
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NC: 2023:KHC:35693-DB
WA No. 1132 of 2022
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT R/W ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RECORDS B) SET ASIDE THE IMPUGNED ORDER DATED
20.01.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS
HONBLE COURT IN WP No-11436/2019 PRODUCED AT
ANNEXURE-A
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
This intra court appeal by a non-party to the writ
petition seeks to call in question a learned Single Judge's
order dated 20.01.2022 whereby, second respondent-
K.G.Chikkapeddanna's W.P.No.11436/2019 having been
favoured the criminal proceedings in CC No.30564/2018
have been quashed. Learned counsel for the appellant
submits that the said order could not have been passed in
the absence of his client as a party to the proceedings
inasmuch as the criminal proceedings were launched by
the State by his instance. Learned Additional Government
Advocate appearing for the respondent-State makes his
submission.
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WA No. 1132 of 2022
2. Having heard the learned counsel for the parties
and having perused the appeal papers, we decline
indulgence in the matter inasmuch as in the prosecution of
the offences of the kind, State is the custodian of the
prosecutional rights, such prosecution being triggered at
the instance of a private individual not withstanding. It is
not the case of the appellant that the State did not
properly defend the criminal proceedings before the
learned Single Judge.
3. We reject application of the appellant for the
grant of leave to prosecute the appeal inasmuch as in
more or less a similar matter i.e., Writ Appeal
No.344/2023 (KLR-RES) between Smt. LAKSHMAMMA vs.
STATE, we have taken a view that in circumstances like
this, it is open for the appellant to file a separate writ
petition seeking review of order of the learned Single
Judge on the ground that he was not arrayed as a party eo
nomine to the writ petition. The said judgment has been
rendered in the light of Apex Court decision in SHIVDEO
NC: 2023:KHC:35693-DB
WA No. 1132 of 2022
SINGH & OTHERS vs. STATE OF PUNJAB & OTHERS, AIR
1963 SC 1909.
In the above circumstances, this appeal being devoid
of merits is liable to be and accordingly dismissed.
In view of dismissal of the writ appeal, pending
interlocutory applications, if any, do not survive for
consideration and the same are accordingly disposed off.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
