YUNUS ZIA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the impugned order dated 14.07.2014 passed in Criminal Petition No. 2859 of 2012 by the High Court of Judicature of Karnataka at Bangalore, wherein the High Court has declined to exercise its power under Section 482 of the Code of Criminal Procedure, 1973 (in short "CrPC"). The appellant has prayed to set aside the same and quash the criminal proceedings initiated against him by the respondents, urging various legal grounds.

(3.) Mr. L. Nageswar Rao, the learned senior counsel on behalf of the appellant has submitted that the second respondent, Inspector of Police of the Karnataka Lokayukta (in short "the Lokayukta"), has made allegations against the appellant under Sections 120B and 420 of the IPC and under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (in short "the P.C. Act"). A case has been registered by the second respondent and an FIR has been lodged against the appellant without following the due procedure contemplated under Section 9 of the Karnataka Lokayukta Act, 1984 (in short "the Lokayukta Act") which deals with the provisions relating to complaints and investigations, where any person can make a complaint under the Lokayukta Act, either to the Lokayukta or to the Upalokayukta. It provides for making a complaint in the form of settlement supported by an affidavit in such forms and in such manner as may be prescribed. The relevant provisions of the Lokayukta Act read thus: