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J MANJUNATH., IAS v. STATE OF KARNATAKA

Karnataka High Court
Jun 24, 2022

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

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