STATE Vs. RITESH MILAPCHAND JAIN

JUDGEMENT

(1.) All these Criminal Revision Petitions have been filed by the State, represented by the Central Bureau of Investigation seeking to set aside the order dtd. 30/1/2016 passed by the learned XLVI-Addl. City Civil and Sessions Judge and Special Judge for CBI cases at Bengaluru city in Special C.C.No.165/2013. Since all these petitions arise out of the same C.C.No.165/2013, they are heard together and are disposed of by this common order.

(2.) The petition in Crl.R.P.No.1475/2016 pertains to respondent / Accused No.3 / Rithesh Milapchand Jain, Chief Executive Officer, Deccan Mining Syndicate Pvt. Ltd. (DMSPL). This Criminal Revision Petition is filed by the State praying to set aside the order dtd. 30/1/2016 passed by the learned XLVI-Addl. City Civil and Sessions Judge and Special Judge for CBI cases at Bengaluru city in Special C.C.No.165/2013 allowing IA No.14 filed by the accused No.3/respondent under Sec. 239 of Cr.P.C., and discharging the accused No.3 /respondent of the offences under Ss. 120B , 379 , 420 , 427 & 447 of IPC and under Sec. 13(2) r/w Sec. 13(1)(d) of P.C. Act , 1988 and consequently praying to reject the said I.A.No.14.

(3.) The petition in Crl.R.P.No.1476/2016 pertains to respondent / Accused No.5 / N. Vishwanatha, Retd. Addl. Chief Secretary & Development Commissioner of Karnataka, Government of Karnataka. This Criminal Revision Petition is filed by the State praying to set aside the order dtd. 30/1/2016 passed by the learned XLVI- Addl. City Civil and Sessions Judge and Special Judge for CBI cases at Bengaluru city in Special C.C.No.165/2013 allowing the application filed by the accused No.5/respondent under Sec. 227 of Cr.P.C., and discharging the accused No.5 /respondent of the offences under Ss. 120B , 379 , 420 , 427 & 447 of IPC and under Sec. 13(2) r/w Sec. 13(1)(d) of P.C. Act , 1988 and consequently praying to reject the said application.