THIS CRL.A. IS FILED U/S 378(2) AND (3) CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATED 31.12.2021 ACQUITTING THE RESPONDENT PASSED BY THE III ADDITIONAL SESSIONS & SPECIAL JUDGE AT MYSURU IN SPECIAL CASE:63/2014 FOR THE OFFENCE PUNISHABLE UNDER 109, 120-B, 465, 466, 467 & 471 READ WITH 34 OF IPC, SEC.81 & 82 OF REGISTRATION ACT, 1908 AND SECTIONS 13(1)(d)(ii)(iii) READ WITH SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 AND CONSEQUENTLY CONVICT THE RESPONDENTS FOR THE SAID OFFENCES.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

The appellant has challenged the judgment dated 31.12.2021 passed by the Court of the III Additional Sessions and Special Judge, Mysuru in Spl.C.No.63/2014, acquitting the respondents of the charges leveled against them.

Charges were framed for offences punishable under Section 13(1)(d)(ii)(iii) r/w 13(2) of Prevention pf Corruption Act, 1988, Section 466, 468, 474, 420 r/w 120B of IPC and Section 81 and 82 of the Registration Act, 1908.

The impugned judgment was passed on 31.12.2021. The appeal is preferred on 18.02.2025. There is an inordinate delay of 997 days in preferring the appeal. I.A.No.1/2025 is filed to condone the delay.

Learned counsel for respondent has filed statement of objections to I.A.No.1/2025.

We have heard the learned counsel for appellant and learned counsel for respondents. Perused the affidavits filed in support of I.A.No.1/2025.

In the first affidavit dated 17.02.2025 filed by Sri Ashok Kumar T., Police Inspector, Karnataka Lokayukta, Mysuru, it is stated that the anticorruption Bureau Authority came to be abolished by the Division Bench of this Court vide order dated 11.08.2022 in W.P.No.19386/2016 and connected matters with a direction to transfer all the pending cases registered by the ACB Authority to Karnataka Lokayukta. The transfer of pending cases was delayed due to administrative reasons and due to which there was delay in filing the appeal.

In the second affidavit dated 17.02.2025 filed by Sri Ashok Kumar T., Police Inspector, Karnataka Lokayukta, the facts of the case are narrated and it is stated that the appellant has good case on merits and if the accompanying application was not allowed, the appellant would suffer great loss.

In the third affidavit dated 16.12.2025 filed by Sri Shashi Kumar, serving as Police Inspector-01, Karnataka Lokayukta, it is stated that, after disposal of the writ petition holding the creation of ACB was legally unsustainable, all the cases, investigations, records, property Registers, trap proceedings, files and chargesheets handled by the ACB were to be transferred to the Karnataka Lokayukta. The abolition of the ACB had a significant administrative and functional impact. Overnight, thousands of pending ACB matters ranging from preliminary enquiries, ongoing investigations, FIR’s, Chargesheets and appeals were required to be physically and digitally transferred to Karnataka Lokayukta. The process of transferring ACB cases was delayed due to administrative, logistical and coordination issues including retrieval of old records, sorting of files and re-numbering of proceedings. In addition, Lokayukta continued to receive fresh complaints and investigations and prosecutions. As a result, the officers were compelled to prioritize urgent matters, statutory time bound compliances and cases involving eminent deadline. It is further stated that in the year 2023, the General Elections to the State Assembly were announced due to which the transition phase and related administrative initiatives that had to be taken as regards to transfer of files were further delayed till the conclusion of the Elections in May, 2022.

In the case of SHIVAMMA (DEAD) BY LR v. KARNATAKA HOUSING BOARD AND OTHERS (2