Bhagyamma vs. The State Of Karnataka

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 22546/2019 at Bengaluru) BHAGYAMMA Petitioner(s) VERSUS THE STATE OF KARNATAKA & ORS. Respondent $(s)$ (FOR ADMISSION and I.R.) Date: 04-03-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Mohan V. Katarki, Sr Adv Mr. Hemant Kumar Sagar, Adv Mr. Kshitij Raj, Adv Mr. E. C. Vidya Sagar, AOR For Respondent(s) Mr. Shubhranshu Padhi, AOR Mr. Ashish Yadav, Adv. Mr. Rakshit Jain, Adv. Mr. Vishal Banshal, Adv Mr. Darpan KM Adv. Ms. Amrita Sharma Adv. Mr. Rajat Jonathan Shaw Adv. Ms. Hetu Arora Sethi, AOR UPON hearing the counsel the Court made the following O R D E R What was challenged was the order passed by the

Additional Registrar, Cooperative Societies, Bangalore dated granting the sanction to initiate criminal proceedings 28.04.2012 against the petitioner under Section 111(2) of the Karnataka Co-Simprogrative Societies Act, 1959. It is the case on behalf of the termination that she has not committed any offence. That is the aspect which is required to be considered at the time when any criminal proceedings are initiated. It cannot be said that the

(Arising out of impugned final judgment and order dated 28-01-2019 in WA No. 591/2018 (CS-RES) passed by the High Court of Karnataka

ITEM NO.35 <pre>Court 12 (Video Conferencing)</pre> SECTION IV-A

contd..

sanction is arbitrary and/or illegal. Therefore, there is no substance in the present Special Leave Petition which deserves to be dismissed and is accordingly dismissed.

However, it is observed that if any criminal proceedings and/or other proceedings are initiated pursuant to the sanction order, the same be considered in accordance with law and on its own merits and whatever the defences which may be available to the petitioner are to be considered by the appropriate Court/Authority in accordance with law and on its own merits.

Pending application(s), if any, shall stand disposed of.

(NEETU SACHDEVA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER