B S HANUMANTHE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition, the petitioner has prayed for quashing the charge-sheet in Special Case No.122/2013 pending on the file of the learned Principal District and Sessions Judge (Special Court), Ramanagara (henceforth for brevity herein referred to as 'Special Court') and consequently the FIR lodged as against the petitioner in Crime No.1/2009 by the respondent and has also sought for quashing the order dated 25.08.2014 made on the application filed by the petitioner under Section 239 of Cr.P.C., seeking his discharge in Special Case No.122/2013 on the file of the Special Court.

(2.) The petitioner is working as Assistant Engineer, Grade-II, in the office of the Chief Engineer, National Highway, Central Office, K.R. Circle, Bengaluru City. Respondent-police registered a case against the petitioner in Crime No.1/2009 for the offences punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. After investigation, charge-sheet came to be filed in Special Case No.122/2013.

(3.) The petitioner earlier challenging the said charge-sheet has preferred criminal petition before this Court under Section 482 of Cr.P.C. seeking quashing of the charge-sheet filed against him. This Court by its order dated 02.12.2013 though dismissed the criminal petition observing that the charge-sheet allegations are the subject matters of the trial, however, it kept open for the petitioner to move the Special Court for discharge. Thereafter, the petitioner filed an application initially under Section 227 of Cr.P.C., but later converted into an application under Section 239 of Cr.P.C. seeking his discharge in the matter before the Special Court. The said Special Court by its order dated 25.08.2014, dismissed the said application. It is thereafter, the petitioner has approached this Court through this petition.