✦ Karnataka High Court · 06 Dec 2023

SRI H E AJJAPPA v. STATE OF KARNATAKA

Writ Petition No. 28898 of 2023HEMANT CHANDANGOUDAR2 min read

Case at a glance

Outcome

Withdrawn

Accordingly, the petition is dismissed as withdrawn

Provisions considered

Key paragraphs

  • Para 55. Accordingly, the petition is dismissed as withdrawn reserving liberty to the petitioner to file a petition afresh, in the event, the charge sheet is submitted by the respondent. Sd/- JUDGE HR

Judgment

SRI H E AJJAPPA S/O H ESHWARAPPA AGED ABOUT 50 YEARS DISTRICT MANAGER AT D. DEVARAJ URS BACKWARD CLASS DEVELOPMENT CORPORATION SHIVAMOGGA-577201 RESIDING AT NO.21, "SINDHOORA" SHIVAPPA NAYAKA EXTN OPP. WATER TANK, HDCO KALLAHALLI, SHIVAMOGGA-577204. (BY SRI. X.M. JOSEPH, ADVOCATE) AND: …PETITIONER

1.

STATE OF KARNATAKA BY LOKAYUTHA POLICE INSPECTOR, SHIVAMOGGA-577 201. K MAHENDRAKUMAR Location: High Court of Karnataka

2.

SRI GANGADHAR H S S/O SHIVANNA H S AGED ABOUT 43 YEARS TAXI DRIVER R/O THRIMUTHY NAGAR SAVALANGA ROAD, NAVILE SHIVAMOGGA-577201 KARNATAKA. (BY SRI. B.B. PATIL, ADVOCATE FOR R-1) …RESPONDENTS - 2 - NC: 2024:KHC:11749 WP No. 28898 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION READ WITH SECTION 482 OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH ANNEXURE-B, THE COMPLAINT DATED 18.4.2023 AS THERE WAS NO TOURIST TAX CAR LOAN SUBSIDY SCHEME FOR OBLIGING ANY OFFICIAL FAVOUR IN RETURN FOR ILLEGAL GRATIFICATION, THE NON-AVAILABILITY SUCH SCHEME FORTHCOMING IN ANNEXURE-E DATED 02.12.2023, ANNEXURE-F DATED 06.12.2023 ISSUED RESPECTIVELY BY THE DISTRICT MANAGER AND THE MANAGING DIRECTOR OF D. DEVARAJ URS BACKWARD CLASS DEVELOPMENT CORPORATION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The registration of the FIR for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 is impugned in this petition.

2. The 2nd respondent lodged the FIR with the 1st respondent stating that the petitioner who was working as District Manager at D. Devaraj Urs Backward Class Development Corporation, Shivamogga, had demanded gratification sanctioning the loan for purchasing a Tourist Taxi. Thereafter, the trap was conducted, and it was alleged that the petitioner was caught red handed accepting gratification.

3.

On earlier occasion, the petitioner had approached this Court in Crl.P.No.6179/2023, and vide order dated 18.11.2023, the petition was dismissed as withdrawn, reserving liberty to the petitioner to approach this Court to file a petition afresh, in the event, the charge sheet is submitted by the respondent. - 3 - NC: 2024:KHC:11749 WP No. 28898 of 2023

4.

Although the charge sheet is not submitted, the present petition is filed stating that the scheme was not given effect to for the year 2021-22 and 2022-2023. Whether the scheme was given effect to or not, cannot be gone into in this petition, and it is for the investigating officer to ascertain from the records as to whether the scheme was given effect to or not. Therefore, the successive petition is not maintainable.

Operative part

5.

Accordingly, the petition is dismissed as withdrawn reserving liberty to the petitioner to file a petition afresh, in the event, the charge sheet is submitted by the respondent. Sd/- JUDGE HR

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the petition is dismissed as withdrawn

Which statutory provisions did this judgment involve?

Constitution of India — art. 226; Prevention of Corruption Act, 1988 — s. 7(a).

Which court decided this case, and when?

Karnataka High Court, on 06 Dec 2023. The bench was HEMANT CHANDANGOUDAR.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Karnataka High Court or eCourts case status (search case no. Writ Petition No. 28898 of 2023). ← Search more judgments