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J MANJUNATH., IAS v. STATE OF KARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24THDAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.12534 OF 2022 (GM-RES)
BETWEEN:
J.MANJUNATH., IAS
S/O LATE S.JAGANNATH,
AGED ABOUT 52YEARS,
DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
BENGALURU URBAN DISTRICT,
KANDAYA BHAVANA,
BENGALURU - 560 001 R/AT A1602,
SALAPURIA SAFINA LUXURIA
8THMAIN ROAD, MALLESHWARAM
BENGALURU - 560 055.
... PETITIONER
(BY SRI P.PRASANNA KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
ANTI-CORRUPTION BUREAU
REPRESENTED BY ITS
DEPUTY SUPERINTENDENT OF POLICE-II
BENGALURU CITY,
ANTI-CORRUPTION BUREAU
NO.49, KANIJA BHAVAN
RACE COURSE ROAD,
BENGALURU - 560 009.
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2. INSPECTOR OF POLICE-VI ANTI-CORRUPTION BUREAU
NO.49, KANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 009.
3. AZAM PASHA
S/O LATE MOULA SAB
AGED ABOUT 42 YEARS
OCCUPATION: BUSINESS
RESIDING AT NO.267/2
MASJIDA, BEGURU,
BENGALURU - 560 068.
... RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1;
SRI P.N.MANMOHAN, SPPL.PP FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE POLICE NOTICE DTD.22.6.2022 UNDER
SEC 41A OF CODE BEARING NO.ACB/BEMNAVE/MONAMA 4422 PRODUCED VIDE ANNEXUER-D WHCIH HAS BEEN ISSUED BY THE R-2 IN RELATION TO THE FIR IN CRIME NO.44/202 DTD.20.5.2022 REGISTERED BY THE R-1 POLICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner calls in question a notice dated 22.06.2022, issued under Section 41A of the Cr.P.C., directing appearance of the petitioner in connection with crime No.44/2022.
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2. Heard Sri P. Prasanna Kumar, learned counsel for the petitioner, Sri K.P.Yashodha, learned High Court Government Pleader for respondent No.1 and Sri P.N.Manmohan, learned Special Public Prosecutor for respondent No.2.
3. The contention of the learned counsel for the petitioner is that, the name of the petitioner does not figure as an accused in the FIR, notwithstanding the same, a notice under Section 41A of the Cr.P.C. is issued tacitly termed him as an accused. The petitioner has appeared before the concerned Authority and has given his statement as well. Therefore, the challenge to Section 41A of the Cr.P.C., by itself has rendered infructuous.
4. Learned counsel representing respondent No.2 - Anti- Corruption Bureau would submit that the name of the petitioner is now included as an accused in crime No.44/2022 and would contend that the present petition in the form that is presented is rendered infructuous.
5. Therefore, placing the submissions of the learned counsel appearing for both the parties, the Criminal Petition stands disposed,
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reserving liberty to the petitioner to take such recourse, if he desires, in accordance with law.
Sd/-
J UDGE
nvj
CT:MJ
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