MALLIKARJUN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) These petitions are filed by the petitionersaccused Nos.6 to 9 seeking to issue a writ of certiorari to quash the order dated 20.04.2019 passed in Spl. CBI CC No.1/2018 on the file of III Additional District and Sessions Judge (Special Judge for CBI/ACB and KLA cases), Dharwad insofar as petitioners are concerned and to discharge the petitioners by allowing the application filed for discharge.

(2.) The charge sheet has been filed against the petitioners and others for the offences under Section 120-B r/w 409, 420, 467, 468, 471 477-A of IPC and Section 13(1) (d) r/w Section 13(2) of P.C. Act. The case is registered based on the complaint of the Regional Manager, Central Warehousing Corporation (in short CWC), Mission Road, Bengaluru alleging that there are huge shortage in Central Warehouse, Hirapur, Gulbarga between 12.12.2012 to 25.02.2014. In the complaint, it contains the list of 10 employees working during that particular period and alleged the shortage of Rice of 49,967 bags and shortage of Wheat of 3,064 bags.

(3.) The prosecution conducted investigation and filed charge sheet against the petitioners and other accused for the aforesaid offences. The petitioners who are accused Nos.6 to 9 have filed an application under Section 227 of Cr.P.C. seeking their discharge. The petitioners have raised several grounds in seeking their discharge.