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2019 Supreme(Kar) 2044

K.N.PHANEENDRA
Nanjaiah – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. Mamatha Shetty.
For the Respondent: Sri. Ashwin S. Halady.

ORDER :

1. Criminal Petition No.4046/2019 is filed by accused No.11, Criminal Petition No.1721/2019 filed by accused No. 15, Criminal Petition No.4196/2019 filed by accused No.31, Criminal Petition No.4048/2019 filed by accused No.23 and Criminal Petition No.4047/2019 is filed by accused No.25, challenging the order passed by the learned Principal District and Sessions Judge, Ramanagara in Spl.C. No. 56/2017 dated 12.06.2017 in taking cognizance and issuing process against the above said accused persons for the offences punishable under Sections 11, 13(1)(c), 13(1)(d)(ii) (iii) r/w. 13(2) of PC Act, 1988 and Section 23 of Karnataka Transparency in Public Procurement Act 1999 and Sections 420, 465, 468, 406, 409, 477(A), 120(B) of IPC.

2. The order dated 12.06.2017 in Spl.C.No.56/2017 in taking cognizance of the offence is challenged mainly on the ground that the Presiding officer, before taking cognizance, has not applied his mind. After registration of the case formally by CAO/CMO put up the case before the Judge and thereafter, the same was made over to the Principal District

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