Sri Shambulingaiah vs The State Of Karnataka
2024 Latest Caselaw 19734 Kant

Karnataka High Court

Sri Shambulingaiah vs The State Of Karnataka on 6 August, 2024

                                             -1-
                                                      NC: 2024:KHC:31759-DB
                                                      WP No. 18565 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH DAY OF AUGUST, 2024

                                          PRESENT
                          THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                             AND
                           THE HON'BLE MR. JUSTICE G BASAVARAJA
                          WRIT PETITION NO. 18565 OF 2017 (GM-RES)
                   BETWEEN:

                   SRI. SHAMBULINGAIAH
                   S/O LATE MADAIAH
                   AGED ABOUT 49 YEARS
                   PANCHAYATH DEVELOPMENT OFFICER
                   MANCHANAYAKANAHALLI GRAMA PANCHAYATH
                   BIDADI HOBLI, RAMANAGARA TALUK
                   R/AT. CHAMUNDESHWARI NAGARA
                   10TH CROSS, BESIDE CHANNEL
                   MANDYA TOWN-562 159
                                                              ...PETITIONER
                   (BY SRI. PREMA KUMAR A.L., ADVOCATE)

                   AND:

Digitally signed
by                 1 . THE STATE OF KARNATAKA
CHANNEGOWDA
PREMA                  ANTI-CORRUPTION BUREAU
Location: High
Court of               RAMANAGARA DISTRICT
Karnataka
                       REPRESENTED BY SPECIAL P.P.
                       M.S. BUILDING
                       BENGALURU-560 001

                   2 . SRI. M. MANISH
                       S/O MUNISWAMAIAH
                       AGED ABOUT 35 YEARS
                       R/AT SHESHAGIRIHALLI COLONY
                       HEEJALA POST, BIDADI HOBLI
                       RAMANAGARA TALUK-562 109
                                                            ...RESPONDENTS
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                                    NC: 2024:KHC:31759-DB
                                    WP No. 18565 of 2017




(BY SRI. B.B. PATIL, ADVOCATE FOR R1;
 SRI. AKKIMANJUNATH GOWDA K., ADVOCATE FOR R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI BY QUASHING THE FIR DATED 13.03.2017 IN
Cr.No.4/2017 REGISTERED BY ANTI-CORRUPTION BUREAU,
RAMANAGAR VIDE ANNEXURE-A AND ETC.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MRS. JUSTICE ANU SIVARAMAN
         and
         HON'BLE MR. JUSTICE G BASAVARAJA


                   ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

It is submitted by the learned counsel appearing for

the writ petitioner that the petitioner had challenged the

Government Order and FIR in the writ petition.

2. It is submitted that as far as Government Order is

concerned, the same has already been struck down by a

Co-Ordinate Bench of this Court. With regard to other

prayers, the petitioner seeks liberty to withdraw the writ

NC: 2024:KHC:31759-DB

petition without prejudice to his right to agitate the matter

afresh, if the lis survives.

3. In the above view of the matter, the submission

made by the learned counsel for the petitioner is accepted.

4. The petitioner is permitted to withdraw the writ

petition without prejudice to his right to file afresh

challenging the FIR, in case the lis survives. The writ

petition is accordingly dismissed as withdrawn.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(G BASAVARAJA) JUDGE

MH/-