[Cites 1, Cited by 0]
Karnataka High Court
State Of Karnataka vs M/S Gem Laboratories Pvt Ltd on 23 March, 2026
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2026:KHC:16493
CRL.RP No. 1235 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO.1235 OF 2017
BETWEEN:
STATE OF KARNATAKA,
REPRESENTED BY SPECIAL INVESTIGATION TEAM,
KARNATAKA LOKAYUKTA, BENGALURU.
...PETITIONER
(BY SRI. B.S. PRASAD, ADVOCATE)
AND:
1. M/S GEM LABORATORIES PVT. LTD.,
PAMADI TOWERS, 1ST MAIN,
GHANDINAGAR, BENGALURU - 560 009.
Digitally signed 2. SRI. G.M. LINGARAJU
by
SHARADAVANI S/O MALLIKRJUNAPPA
B
Location: High AGED 47 YEARS,
Court of
Karnataka
DIRECTOR OF M/S. GEM LABORATORIES
PRIVATE LTD., PAMADI TOWERS,
2ND FLOOR, 1ST MAIN ROAD,
GANDHINAGAR, BENGALURU - 560 009.
PRESENTLY R/AT NO.380/1,
SHIVAN APARTMENT, 13TH MAIN ROAD,
RMV 1ST STAGE, BENGALURU - 560 094.
3. SRI B.N. SHARATH PATEL
S/O B.S. NIJALINGAPPA
-2-
NC: 2026:KHC:16493
CRL.RP No. 1235 of 2017
HC-KAR
AGED ABOUT 33 YEARS, MANAGER
M/S. GEM LABORATORIES PRIVATE LTD.,
PAMADI TOWERS, 2ND FLOOR
1ST MAIN ROAD, GANDHINAGAR,
BENGALURU - 560 009.
...RESPONDENTS
(BY SRI. P.N. HEGDE, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
01.09.2017 PASSED BY THE HON'BLE XXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU IN
SPL.C.C.NO.489/2015.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
1. Heard Sri. B.S. Prasad, learned counsel for the
Lokayukta and Sri. P.N. Hegde, learned counsel
for the respondents.
2. At the outset, Sri. B.S. Prasad, learned counsel
for the Lokayukta would submit that the
impugned order passed by the Trial Judge is not
NC: 2026:KHC:16493
HC-KAR
proper inasmuch as the learned Trial Judge has
noted that there is no private complaint filed by
the Special Investigation Team (hereinafter
referred to as 'SIT' for short).
3. Pertinently, the case came to be registered by
the 'SIT' after filing the private complaint,
pursuant to the directions issued by the Hon'ble
Apex Court in SLP No.562/2012.
4. Therefore, the impugned order is per se
incorrect as it is passed without even looking
into the records properly.
5. Sri. P.N. Hegde, learned counsel for the
respondents/accused however would submit
that the contentions now urged before the Court
would not come in the way of sustaining the
impugned order of discharge inasmuch as on
merits, the Trial Court has taken into
NC: 2026:KHC:16493
HC-KAR
consideration the relevant aspects of the matter
and discharged the accused.
6. Having noticed the rival contentions of the
parties, pertinently in respect of illegal mining,
there was a petition filed before the Hon'ble
Supreme Court in SLP No.562/2012 wherein
Hon'ble Supreme Court after hearing all
concerned, directed a Special Investigation
Team should be formed by the State
Government to investigate into the alleged
illegalities in mining in Bellary, which was
ultimately transported from Bellikeri, Karwar,
Uttara Kannada District.
7. Pursuant to the same, a Special Investigation
Team has been formed and matter was
investigated.
NC: 2026:KHC:16493
HC-KAR
8. The learned Trial Judge while considering the
application seeking discharge of the accused
from the charges which has been alleged in the
charge sheet against the respondents, has made
an observation in the impugned order that a
private complainant ought to have been filed in
respect of the offences under the Mines and
Minerals (Development and Regulation) Act.
But, no such private complaint is filed and
therefore discharged the respondents.
9. Said observation of the learned Trial Judge is
totally uncalled for inasmuch as in the records of
Trial Court itself, private complaint is available.
Ignoring the same, passing the impugned order
has thus resulted in miscarriage of justice.
10. Expressing any opinion on the other merits of
the matter would definitely hamper the rights of
both parties, one way or the other.
NC: 2026:KHC:16493
HC-KAR
11. Thus, resisting from expressing any opinion on
the merits of the matter, suffice to say that the
Order of the learned Special Judge is contrary to
the records and therefore called for interference
by this Court in the revisional jurisdiction.
12. Accordingly, following order:
ORDER
(i) Criminal Revision Petition is allowed.
(ii) Impugned order dated 01.09.2017 passed by
the Hon'ble 23rd Additional City Civil and
Sessions Judge, Bengaluru in Spl.CC
No.489/2015 is set-aside.
(ii) Matter is remitted to the learned Special
Judge for disposal on the application filed by
the respondent seeking discharge in
accordance with law afresh on or before
30.06.2026.
NC: 2026:KHC:16493
HC-KAR
(iv) Both parties shall appear before the learned
Special Judge without further notice on
15.04.2026.
Sd/-
(V SRISHANANDA)
JUDGE
SNC
List No.: 1 Sl No.: 78
