CIVIL APPELLATE JURISDICTION

S.L.P. (CIVIL) NO. 2201 OF 2020

Ashwatha Reddy …Petitioner(s)

Versus

The State of Karnataka & Ors. …Respondent(s)

WITH

S.L.P. (CIVIL) NO. 2587 OF 2020

O R D E R

The Division Bench of the High Court, by the impugned order, has merely directed to secure the records from the Sessions Court in Sessions Case No. 258 of 2009 acquitting the petitioners for a dacoity committed while being employed as Police Constables, and further directed the Government Advocate to secure the records pertaining to the disciplinary proceedings, etc. in which the punishment awarded to the petitioners was reduced from dismissal to reinstatement to service with the lowest applicable pay scale, without cumulative effect. Digitally signed by ASHWANI KUMAR Date: 2020.02.05 16:25:48 IST Reason: Signature Not Verified

The petitioners herein were tried in Sessions Case No. 258 of

2009 before the Fast Track Court, Bangalore City (FTCII) and were acquitted vide the judgment dated 04.02.2010. It was observed in the judgment that the complainant and his wife (PW5 and PW6 respectively), though the main witnesses, turned hostile in addition to others, such as the panch witnesses.

Be that as it may, since the order of acquittal was passed in 2010 in view of the nonavailability of reliable material against the petitioners, it cannot be altered as of today, having also attained finality long ago. However, it seems that the High Court, in order to satisfy itself about the manner in which the criminal and disciplinary proceedings were conducted by the Trial Court and the Government respectively, and in order to guide the judicial officers and relevant authorities appropriately, called for the records pertaining to the said case and inquiry.

In our considered opinion, the petitions filed before this Court are premature, since the High Court has merely sought for the concerned records and has not passed any order subsequently.

In view of the above, we decline to interfere with the impugned order. However, it is open to the petitioners to take

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such steps as are open to them under law, in case they are aggrieved by the orders passed by the High Court in future.

The instant special leave petitions are dismissed with the said observations.

Pending application(s), if any, stands disposed of accordingly.

…………………………………,J. (Mohan M. Shantanagoudar)

…………………………………,J. (R. Subhash Reddy)

New Delhi; January 31, 2020 ITEM NO.22+46 COURT NO.12 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 2201/2020 (Arising out of impugned final judgment and order dated 16-12-2019 in WP No. 15006/2019 passed by the High Court Of Karnataka At Bengaluru)

ASHWATHA REDDY Petitioner(s)

VERSUS

THE STATE OF KARNATAKA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.12490/2020-EXEMPTION FROM FILING O.T. )

WITH

Petition(s) for Special Leave to Appeal (C) No(s). 2587/2020

(FOR ADMISSION and IA No.15005/2020-EXEMPTION FROM FILING O.T. [TO BE TAKEN UP ALONGWITH ITEM NO. 22 I.E. SLP(C) NO. 2201/2020] )

Date : 31-01-2020 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE R. SUBHASH REDDY

For Petitioner(s)	Mr. Devadatt Kamat, Sr. Adv.
	Mr. Nishanth Patil, AOR
	Mr. Ashok Basoya, Adv.
	Mr. Chirag Jain, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The Special Leave Petitions are dismissed in terms of the signed order.

Pending application(s), if any, stands disposed of accordingly.

(ASHWANI THAKUR) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)