SUPERINTENDENT OF POLICE KARNATAKA Vs. B SRINIVAS

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is to the judgment of a learned single Judge of the Karnataka High Court accepting the petition filed by the respondent under Section 482 of the code of Criminal Procedure, 1973 (in short the 'code' ). Prayer in the petition was to quash the order dated 12. 6. 2000 passed by the Superintendent of Police, Karnataka Lokayuktha and investigation pursuant to the said order, including lodging of the first information report.

(3.) IN support of the appeal, Mr. Sanjay Hegde, learned counsel for the appellants submitted that the High Court erroneously exercised jurisdiction under Section 482 of Code. When the petition was initially filed, there was no question of any delay. An amendment had been sought for in the petition and prayer was to quash the order passed by the superintendent of Police and further part of the investigation done by the Inspector of Police-respondent No. 2. It is pointed out that the High Court erroneously observed that there was delay in filing the charge sheet. In any event, the delay was occasioned on account of the part played by the respondent and delay, if any, alone cannot be a ground to quash the legitimate proceedings. Further, it is pointed out that the High court has erroneously held that no reasons were indicated. Reference is made in the order passed by the Superintendent of Police to contend that reasons in fact had been indicated.