The Karnataka High Court on Friday (Nov 8) quashed the prosecution of two Enforcement Directorate officers investigating the Valmiki Corporation case accused of coercing a witness to testify against Chief Minister Siddaramaiah.

A single bench of judges Justice M Nagaprasanna allowed a petition filed by ED Deputy Director and Deputy Director Manoj Mittal and Murali Kannan after the complainant in the Kallesh B case filed a note in the court stating that he did not wish to pursue the complaint.

The court said: “The note submitted by the complainant indicates that he does not wish to proceed with the complaint. In view of the memorandum filed by the 2nd respondent, the offense requires expungement. Matter removed and cancelled.”

The two officers were charged under Sections 3(5) (common intention), 351(2) (criminal intimidation) and 352 (intentional insult) of the Bharatiya Nyaya Sanhita (BNS).

Following the registration of the FIR, the two approached the high court to request that the case be quashed. On July 23, the High Court, by its interim order, stayed the investigation against the petitioners. During the hearing, the bench orally observed “When officers do their duty if you keep registering FIR against them..no one will do their duty.”

In its July order, the court said: “If the interrogation had taken place, without the registration of the ECIR, the submissions of the learned Advocate General mentioned above or not would have deserved to be accepted. But the fact is that the ECIR is registered and following the registration of the ECIR the officers of the Enforcement Directorate take steps to investigate or interrogate the complainant. It is obvious that the investigation or questioning of the complainant on 16.07.2024 resulted in a search of the Corporation’s office on 18/19.07.2024. As observed above, an offense is registered, an ECIR is sequentially registered and the officers of the Enforcement Directorate, in the exercise of their official duties, summon the complainant, interrogate him and investigate the case. The recorded statement leads the officers to search the Corporation office“.

It was also said: “If these acts of these petitioners – officers can only be named as their acts in the performance of their official duties. In respect of discharge of official duties, if the offense in question is allowed to be investigated for offense punishable under section 351(2) and 352 of NBS, 2023, it would become an abuse of process of law as for discharge of official duties . , those official duties of the officers of the Enforcement Directorate would be investigated by the jurisdictional police. Considering the above, due to special circumstances, I consider it appropriate to suspend all further investigations in crime no. 166/2024, against these petitioners, until the next hearing date.“.

Case Title: Manoj Mittal and NRA AND State of Karnataka

Appearance: ASG SV Raju with CGC Madhukar Deshpande for the petitioners.

Case no: WP 19489/2024

Reference No: 2024 LiveLaw (Kar) 462