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2021 Supreme(Kar) 952

M.NAGAPRASANNA
Mangalpady Naresh Shenoy – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
Gautam S. Bharadwaj, Advocate, Suyog Herele, Advocate, Namitha Mahesh B.G., Advocate, Ravindranath Kamath, Advocate, H.P. Leeladhar, Advocate

JUDGMENT :

1. Petitioner in this writ petition calls in question the Government Notification dtd. 21/12/2016 issued under sub-sec. (8) of Sec. 24 of the Code of Criminal Procedure appointing one Sri Ravindranatha Kamath/respondent No.5 herein as Special Public Prosecutor and all further proceedings taken up thereto.

2. Shorn of unnecessary details, facts germane for consideration of the lis are as follows:-

    One Smt. Anuradha Baliga daughter of Sri Ramachandra Baliga lodges a complaint on 21/3/2016 against unknown persons alleging that her brother Vinayaka Baliga was assaulted at 5.45 a.m. and one Dr. Subbaraya Pai has seen the body of her brother. After assault, the body was shifted to KMC medical hospital and on examination the doctor informed that he was brought dead. Based on the said complaint, respondent No.4/Barke Police registers a case in Crime No.35 of 2016 for the offences punishable under Sec. 302 read with Sec. 34 of the IPC against unknown persons.

3. During the course of investigation three persons were arrested and based on their statements the petitioner was also arrested. The respondent/Police after investigation filed a charge sheet and additional charge sheet impli

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