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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.______________/2024 (@ SPECIAL LEAVE PETITION (CRL.) NOS.11704-11705/2024)
THE STATE OF KARNATAKA APPELLANT(S)
VERSUS
N C SHIVAKUMAR & ANR. ETC. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned counsel appearing for the parties.
3. The High Court has interjected at the stage when the
investigation for an offence punishable under Section 7A of
the Prevention of Corruption Act, 1988 was in progress and
has quashed the First Information Report (FIR). The High
Court has conducted a mini-trial while recording
conclusions on merits. The High Court ought not to have
interfered at this stage when the investigation is going
on.
4. Hence, the impugned judgment and order dated 29th
February, 2024 is hereby quashed and set aside and Criminal
Petition No.4380 of 2022 and Criminal Petition No.5401 of
2022 stand dismissed.
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5. We, however, make it clear that all contentions of the
respondents are kept open which can be agitated at an
appropriate stage before an appropriate forum.
6. It is obvious that the observations made by the High
Court as well as this Court are only for the limited
purpose of considering the prayer for quashing the FIR.
7. The appeals are accordingly allowed.
8. Pending application(s), if any, shall stand disposed
of.