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2019 Supreme(Kar) 174

H.B.PRABHAKARA SASTRY
S. Narayan – Appellant
Versus
State of Karnataka By Police of Malleshwaram Police Station – Respondent


Advocates Appeared
Ashok N. Naik, Adv., S.M. Chandrashekar, Adv., S. Kalyan Basavaraj, Adv.

JUDGMENT :

H.B. Prabhakara Sastry, J.

The appellant herein had made an application under Section 227 of Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as 'Cr.P.C.'), seeking his discharge in respect of the offences punishable under Sections 3(2), 3(5) of Karnataka Control of Organised Crimes Act, 2000, (hereinafter for brevity referred to as 'KCOCA'), Sections 120(B), 109, 411 of Indian Penal Code, 1860, (hereinafter for brevity referred to as 'IPC') read with Sections 115 and 23 of the Karnataka Education Act, 1983 (hereinafter for brevity referred to as 'Education Act'), in Special C.C.No.417/2016, on the file of Prl.City Civil & Sessions Judge, Bengaluru, (hereinafter for brevity referred to as 'Special Court'). The Special Court by its order dated 20.11.2017, along with other similar applications filed by accused Nos.17 and 18, rejected the application filed by the present appellant also. Challenging the said order of the Special Court, the appellant has preferred this appeal.

2. The summary of the case of the prosecution as could be gathered from the materials placed before this Court is that, on the basis of a written information laid by the Joint Directo



















































































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