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KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI ANILKUMAR B S – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. overview of complaint and accused's role. (Para 1 , 3) |
| 2. defense argument regarding the legality of opinion. (Para 4 , 5) |
| 3. analysis of conspiracy and legal opinion responsibilities. (Para 6) |
| 4. final ruling to quash proceedings. (Para 9) |
ORAL ORDER
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
4. Learned counsel for the petitioner submitted that mere rendering / giving an opinion in relation to loan documents involving immovable property would not result in the petitioner committing the alleged offences as held by the Apex Court in the case ofCBI Vs. K. Narayana Rao – (2012) 9 SCC 512 and by the Allahabad High Court in the case of Ashok Kumar Garg Vs. CBI – (2023) SCC Online All 3952. It is also submitted that apart from the fact that there was a delay of almost five years from the date of the legal opinion given by the petitioner on 23.05.2019 to date of the complaint filed on 29.03.2024, there are no allegations satisfying the ingredients of the alleged offences as against the petitioner and in the absence of any evidence to the effect that the petitioner aided or abetted the other accused p
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