Case Note & Summary
The appellant, Sri D.K. Shivakumar, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated 20.04.2023 passed by a learned Single Judge in W.P. No. 10479/2020. The writ petition sought to quash the Government Order bearing No. E-HD/40/COD/2019 dated 25.09.2019 issued by the second respondent, which directed the Central Bureau of Investigation (CBI) to investigate alleged illegal mining activities. The appellant contended that the order was arbitrary and malafide. The Single Judge dismissed the writ petition, leading to the present appeal. The Division Bench, comprising the Chief Justice and Justice Krishna S Dixit, heard the matter. The court noted that the investigation was at a preliminary stage and no mala fides were established against the government. The court found no grounds to interfere with the Single Judge's order and dismissed the appeal. The judgment was delivered on 29.11.2023.
Headnote
A) Criminal Procedure - CBI Investigation - Government Order - Challenge to - The appellant challenged the Government Order dated 25.09.2019 directing CBI investigation into illegal mining. The Single Judge dismissed the writ petition. The Division Bench held that no interference is warranted as the investigation is at preliminary stage and no mala fides are established. (Paras 1-3)
Issue of Consideration
Whether the learned Single Judge erred in dismissing the writ petition challenging the Government Order dated 25.09.2019 directing CBI investigation into alleged illegal mining activities.
Final Decision
The appeal is dismissed. The order of the learned Single Judge dated 20.04.2023 is upheld.
Law Points
- CBI investigation
- Government order
- Writ jurisdiction
- Interference with investigation
- Section 4 Karnataka High Court Act
