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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.24574 OF 2013 (GM- RES)

BETWEEN:

1.

SRI ANIL KUMAR B.H.,

S/O SRI HANUMANTHA RAJU B.H.,

AGED ABOUT 51 YEARS

PRESENTLY WORKING AS PRINCIPAL SECRETARY

MINORITIES DEVELOPMENT DEPARTMENT

VIKASA SOUDHA

BENGALURU - 560 001.

2.

SRI TANKASALI S.H.,

S/O LATE HEMADREPPA

AGED ABOUT 52 YEARS

EX. GENERAL MANAGER (FINANCE)

MYSORE PAPER MILLS

R/O 536, SRI GURUKRUPA RESIDENCY

2^ND MAIN, 3^RD BLOCK, RMV 2^ND STAGE

BENGALURU - 560 094.

3.

SRI LOKESH M.R.,

S/O MARISUGUNAIAH

AGED ABOUT 60 YEARS

RETIRED GENERAL MANAGER (MKTNG)

MYSORE PAPER MILLS

R/O 11C, 14^TH C CROSS

1^ST B MAIN, 16^TH BLOCK

SECTOR-6, HSR LAYOUT

BENGALURU.

... PETITIONERS

(BY SRI VIJAYA KUMAR, ADVOCATE (VIDEO CONFERENCING))

R

2

AND:

1.

THE LOKAYUKTA POLICE

SHIVAMOGGA - 577 201

SHIVAMOGGA DISTRICT.

2.

SHIVAMURTHY C.S.,

S/O SRI SHANTHAPPA

AGED ABOUT 51 YEARS

R/O 1/66, PAPER TOWN

BHADRAVATHI - 577 302.

SHIVAMOGGA DISTRICT

... RESPONDENTS

(BY SRI VENKATESH S.ARABATTI, SPL. PP FOR R1 (PHYSICAL

HEARING); R2 - SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF

CR.P.C. PRAYING TO CALL FOR THE RECORDS RELATING TO ISSUE

OF THE IMPUGNED ORDER DATED 6.5.13 PASSED BY THE PRL.

DIST. SESSIONS AND SPECIAL JUDGE, SHIVAMOGGA IN CRIME

NO.2/13, [PCR NO.1/13] VIDE ANNX-A AND AFTER PERUSAL SET

ASIDE THE SAME; QUASH THE PROCEEDINGS IN PCR NO.1/13 ON

THE FILE OF THE PRL. DIST. SESSIONS AND SPECIAL JUDGE,

SHIVAMOGGA, SHIVAMOGGA DIST AND COMPLAINT NO.1/13 VIDE

ANNX-C.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED

FOR ORDERS ON 23.10.2021, COMING ON FOR PRONOUNCEMENT

THIS DAY, THE COURT MADE THE FOLLOWING :-

ORDER

The petitioners are before this Court calling in question the

order dated 06-05-2013, passed by the Principal District and

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Sessions Judge and Special Judge, Shivamogga in Crime No.2 of

2013 (PCR No.1/2013), for offences punishable under Section

13(1)(d)(i)(ii)(iii) of the Prevention of Corruption Act, 1988 read

with Sections 166, 120(b), 403, 406, 409, 417, 420, 427 and

477(a) of the IPC.

2. Brief facts leading to the filing of the present petition, as

borne out from the pleadings, are as follows:-

The petitioners were Officers in different capacities in

Mysore Paper Mills (8the Company9 for short), a State

Government undertaking. The 1^st petitioner was working in the

Company for the period from 26-02-2009 to 27-05-2010 as its

Managing Director. The 2^nd petitioner was working as General

Manger (Finance) from 15-10-2009 and has ceased to be an

officer of the Company on account of his resignation on

31-01-2011. The 3^rd petitioner has retired from service on

attaining the age of superannuation on 31-01-2013.

3. In the year 2007 a report was placed before the 13^th

Legislative Meeting in relation to the steps to be taken by the

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Company for implementing a report dated 15-11-2007. The

report was made suggesting certain remedial measures to

improve efficiency of the Company. On 15-07-2009 the Company

framed guidelines accepting the said report. On 15-10-2009 the

Managing Director and Director (Finance) in terms of the

guidelines took a decision to extend the benefit of credit to one

M/s Victory Press Private Limited (8VPPL9). On 18-12-2009 it

appears that a decision was further taken by the Committee to

procure coal from Singareni coal fields by appointing liaisoning

official to overcome the shortage of coal and avoid stoppage of

production in the Company.

4.

On

04-06-2011,

it

appears

that

the

Director

(Operations) submits a preliminary investigation report with

regard to the decision taken by the Company for sale of paper to

VPPL being contrary to marketing policy approved by the Board

of the Company. On 9-12-2011 the Committee of Public