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2021 Supreme(Kar) 434

B.VEERAPPA, N.S.SANJAY GOWDA
BASAVARAJ SHIVAPPA MUTTAGI, S/O SHIVAPPA MUTTAGI – Appellant
Versus
STATE OF KARNATAKA, THROUGH ADDL. CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – Respondent


Advocates Appeared:
For The Appellant :SRI SRIKANTH PATIL, ADVOCATE
For The Respondent:SRI PRABHULING K NAVADGI, ADVOCATE GENERAL ALONGWITH SRI H.R. SHOWRI, HCGP, SRI S.V. RAJU, ADDITIONAL SOLICITOR GENERAL OF INDIA ALONGWITH SRI P. PRASANNA KUMAR, ADVOCATE, SRI VIVEK S REDDY SENIOR COUNSEL FOR SRI DEEPAK SHETTY, ADVOCATE.

ORDER :

(i) Writ Petition No.51012/2019 is filed by Accused No.1 -Basavaraj Shivappa Muttagi;

(ii) Writ Petition No.52575/2019 is filed by Accused No. 5 -Vinayak;

(iii) Writ Petition No.15828/21 is filed by Accused No.15 -Vinay Kulkarni;

(iv) Writ Petition No.16088/21 is filed by Accused No.16 -Chandrashekar Indi; and

(v) Writ Petition No.16081/21 is filed by Accused No.21 -Somashekar.

I -Facts of the case

2. This is a classic case where the political parties and the Police authorities have tried to misuse their power to bury the truth in respect of an unnatural death of one Yogishgouda goudar.

3. These writ petitions are filed by the accused persons stated supra under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, praying for a writ in the nature of certiorari to quash the Government Order dated 6.9.2019 made in HD 48 PCB 2016 as per Annexure-A, according sanction to the Central Bureau of Investigation (‘CBI’ for short), under Section -6 of Delhi Special Police Establishment Act, 1946, to conduct further investigation with respect to Crime No.135/2016, registered with the Dharwad Sub-Urban Police Station, Dharwad for the offence punish

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