Disha Choudhary vs State Of Karnataka Through Madiwala Ps/EOD, CID

M. Nagaprasanna, J

The petitioner is before this Court, seeking the following prayer:

"a. allow the present petition by setting aside the NBW issued vide impugned order dated 19.02.2024 (@ part of Annexure A) passed by the Hon'ble XXXII AC & SJ & Spl. Judge for CBI Cases (CCH: 34), Bengaluru in SPL. CC No.8 of 2020;

b. pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. "

Heard Sri D.Bhanu Pradeep, learned counsel appearing for the petitioner and Smt. Sowmya R., learned High Court Government Pleader appearing for the respondents.

Both learned counsel appearing for the petitioner and learned High Court Government Pleader, in unison, would submit that the issue in the lis stands covered by the judgment rendered by this Court in the case of very same petitioner -SMT. DISHA CHOUDHARY VS. STATE OF KARNATAKA. CRL.P.No.3264/2024 disposed on 26.05.2024, this Court has held as follows:

"The petitioner is before this Court calling in question an order dated 19.02.2024, issuing non-bailable warrant against him.

Heard Sri D. Bhanu Pradeep, learned counsel for petitioner and Sri B.N.Jagadeesh, learned Additional State Public Prosecutor for the respondent.

This Court on 23.04.2024, had passed the following order:

“ORDER ON I.A.NO.1/2024

Considering the submission made by the learned counsel for the petitioner and also having regard to the averments in the affidavit filed in support of the application, the prayer made in I.A.No.1/2024 is granted.

Accordingly, I.A.No.1/2024 stands allowed.

Learned High Court Government Pleader is directed to take notice for respondent.

List this matter immediately after Summer Vacation, 2024.”

The petitioner filed a special leave to appeal (Crl.) No.6980/2024 before the Apex Court against the aforesaid order on the ground that no interim relief is granted and the matter was only adjourned. The Apex Court by considering the special leave to appeal, on 17.05.2024, passed the following order:

“Application for exemption from filing certified copy of the impugned order is allowed.

The grievance in the petition is that while adjourning the writ petition filed praying for setting aside a non-bailable grant issued by the Criminal Court, without considering the prayer for interim relief, by the impugned order, the learned Judge has simply adjourned the case beyond summer vacation.

Issue notice returnable on 20th August, 2024.

Liberty is granted to serve the standing counsel for the respondent-State, in addition.

In the meanwhile, the impugned warrant issued against the petitioner shall remained stayed subject to the condition that the petitioner will appear regularly and punctually before the concerned criminal court.

We make it clear that notwithstanding with the pendency of this SLP, the High Court is free to decide the criminal writ petition.”

The Apex Court had directed that the impugned warrant would remain stayed, subject to the condition that the petitioner would appear regularly and punctually, before the concerned Court.

Learned counsel for the petitioner undertakes that if this Court fix a date for appearance of the petitioner before the concerned Court, the petitioner would appear as directed by the Apex Court.

In the light of the afore-quoted order and the submission, the petitioner shall appear before the concerned Court on 08.07.2024 as directed by the Apex Court and continue to appear regularly as would be directed by the concerned Court, thereafter. Placing the submission on record, I deem it appropriate to dispose the petition, by setting aside the warrant that is hanging on the head of the petitioner.

For the aforesaid reasons, the following:

ORDER

a. The criminal petition is allowed.

b. The order dated 19.02.2024, passed by the XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, (CCH-34), Bengaluru, stands quashed on the aforesaid observations and undertaking.

c. The petitioner shall appear before the concerned Court on 08.07.2024 and adhere to the directions of the Apex Court as ordered in special leave to appeal (Crl.) No.6980/2024.

Ordered accordingly."

In the light of the order passed by the this Court (supra) and for the reasons aforementioned, the following:

ORDER

(i) The Criminal Petition is allowed;

(ii) The order dated 19.02.2024 in SPL.C.C.No.8/2020, passed by XXXII ACC & SJ & Spl.Judge for CBI Cases (CCH: 34), Bengaluru, stands quashed in the same terms as is directed in Crl.P.No.3264/2024 disposed on 26.06.2024; and

(iii) The petitioner shall appear before the concerned Court on 19.08.2024 and subsequent dates of hearing, adhering to the directions of the Apex Court as ordered in special leave to appeal (Crl.) No.6980/2024.

Ordered accordingly.