Dr Y L Devaraj vs the State of Karnataka

Dr Y L Devaraj vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Feb 28, 2024

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https://sooperkanoon.com/case/1887172

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Citation: sooperkanoon.com/1887172
Court: Karnataka Orders High Court
Judge: Suraj Govindaraj
Decided On: Feb 28, 2024
Case Number: WP/32120/2018

Parties & Advocates

Appellant / Petitioner

Dr Y L Devaraj

Respondent

The State of Karnataka

Excerpt

.....- 560001.2. m. r. suresh, s/o late ramaiah, aged about 45 years, agriculturist, -2- mavinakere village - 572221. turuvekere taluk, tumakuru district.3. tumkur milk producers societies union ltd., rep by its managing director.4. the karnataka lokayukta police,tumakuru district, rep. by special public prosecutor, bengalfuru.-560001. …respondents (by sri. b. b. patil., spl.pp for r1 & r4; r2 & r3 served) this writ petition is filed under articles 226and 227 of the constitution of india praying to quash the fir registerd by the 1st respondent in crime no.2/2018 for offence punishable under section 7 of the act and dismiss the complaint pending of the file of learned 2nd addl. district & sessions judge tumakuru as per annexure-b dated 6.6.2018. this writ petition coming on for orders this day, the court made the following:order1. the petitioner is before this court seeking for the following relief:“quash the fir registered by the 1st respondent in crime no.2/2018 punishable under section 7 of the act and dismiss the complaint pending on the file of learned 2nd additional district and sessions judge, tumakuru as per annexure ‘b’ dated 06.06.2018 by issuing writ of certiorari”. -3-2. both the counsel submit that the petitioner has beenconvicted in spl.c.no.402/2019 by the vii additional sessions and special judge, tumakuru, arising out of cr.no.8/2018. placing the same on record, the petition is dismissed as having become infructuous. liberty is reserved to the petitioner to raise the contentions raised in the present petition in an appeal, if filed. sd/- judge ag list no.: 1 sl no.: 13

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION No. 32120 OF 2018 (GM-RES) BETWEEN:
1. DR. Y. L. DEVARAJ,
S/O LATE LAKSHMAIAH, AGED ABOUT 56 YEARS, DEPUTY MANAGER, TUMKUR MILK PRODUCERS SOCIETIES UNION LTD., R/O # 154, 5TH MAIN ROAD, OPPOSITE TO ADARSHA NURSING HOME, SHARADADEVI NAGAR, TUMAKURU CITY - 572101. …PETITIONER (BY SRI. VIJAYAKUMAR S. C., ADVOCATE) Digitally signed by AND: NARAYANAPPA LAKSHMAMMA
1. THE STATE OF KARNATAKA, Location: HIGH COURT OF BY POLICE INSPECTOR KARNATAKA ANTI CORRUPTION BUREAU, REP. BY STATE PUBLIC PROSECUTOR, BENGALURU - 560001.
2. M. R. SURESH, S/O LATE RAMAIAH, AGED ABOUT 45 YEARS, AGRICULTURIST, -2- MAVINAKERE VILLAGE - 572221. TURUVEKERE TALUK, TUMAKURU DISTRICT.
3. TUMKUR MILK PRODUCERS SOCIETIES UNION LTD., REP BY ITS MANAGING DIRECTOR.
4. THE KARNATAKA LOKAYUKTA POLICE,
TUMAKURU DISTRICT, REP. BY SPECIAL PUBLIC PROSECUTOR, BENGALFURU.-560001. …RESPONDENTS (BY SRI. B. B. PATIL., SPL.PP FOR R1 & R4; R2 & R3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR REGISTERD BY THE 1ST RESPONDENT IN CRIME No.2/2018 FOR OFFENCE PUNISHABLE UNDER SECTION 7 OF THE ACT AND DISMISS THE COMPLAINT PENDING OF THE FILE OF LEARNED 2ND ADDL. DISTRICT & SESSIONS JUDGE TUMAKURU AS PER ANNEXURE-B DATED 6.6.2018. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

1. The petitioner is before this Court seeking for the following relief:

“Quash the FIR registered by the 1st respondent in Crime No.2/2018 punishable under Section 7 of the Act and dismiss the complaint pending on the file of learned 2nd Additional District and Sessions Judge, Tumakuru as per Annexure ‘B’ dated 06.06.2018 by issuing writ of certiorari”. -3-

2. Both the counsel submit that the petitioner has been

convicted in Spl.C.No.402/2019 by the VII Additional Sessions and Special Judge, Tumakuru, arising out of Cr.No.8/2018. Placing the same on record, the petition is dismissed as having become infructuous. Liberty is reserved to the petitioner to raise the contentions raised in the present petition in an appeal, if filed. Sd/- JUDGE AG List No.: 1 Sl No.: 13

Same Court & Year Karnataka Orders · 2024 Same Parties Dr Y L Devaraj vs The State of Karnataka Same Judge Suraj Govindaraj