STATE BY LOKAYUKTHA POLICE Vs. K. RANGAYYA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal, filed by the State through the Lokayuktha Police, Karnataka, challenges the impugned final Judgment and Order dtd. 23/1/2024 passed by the High Court of Karnataka at Dharwad in Writ Petition No. 104236 of 2023, whereby the High Court allowed the writ petition filed by the Respondent No. 1 - Sri K. Rangayya and quashed the FIR bearing Crime No. 04/2023 dtd. 3/6/2023, registered against the Respondent No. 1 under Sec. 7(a) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "PC Act "), at the Karnataka Lokayukta Police Station, Bellary, along with all proceedings emanating therefrom qua the said Respondent No. 1, on the ground that, there was neither any demand made by the Respondent No. 1 nor any acceptance of any money by him.

(3.) The facts material to the adjudication of this matter, as regards the prosecution case and as emerging from the record before us are that the Respondent No. 1 was serving as a Police Sub-Inspector (hereinafter "PSI ") posted at Siruguppa Police Station, Bellary District, Karnataka. On 15/3/2023, in the afternoon hours, when the Respondent No. 2/Complainant was near Gadyala Maremmana Temple, the Respondent No. 1 accompanied by other police officials approached him, threatened him with accusations of illegally selling ration rice, and seized his Suzuki Access 125 twowheeler bearing registration No. KA-01 HF 1343 and his Redmi mobile phone. The Complainant was instructed to report to the police station. When he did so, he was informed that a case had been registered against him on the ground that the Complainant had been transporting rice meant for sale through the Fair Price Depots.