B S YEDDYURAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India read with section 482 Cr.P.C. The reliefs claimed in the petition are to quash (a) the private complaint in PCR.No.51/2013 (Annexure-'A'); (b) the order of reference made under section 156(3) of Cr.P.C. dated 18.02.2015 by the XXIII Addl. City Civil and Sessions Judge and Special Judge, Bengaluru (Annexure-'B'); and (c) the FIR No.11/2015 dated 21.12.2015 registered by the Karnataka Lokayukta Police (respondent No.1) for the offence under sections 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 and all further and consequential proceedings pending on the file of LXXI Additional City Civil and Sessions Judge and Special Judge, Bengaluru (Annexure-'C').

(2.) The primary contention urged in the course of arguments by learned Senior Counsel Sri.C.V.Nagesh is that, in respect of the very same FIR, accused No.1 Sri.Raghunath Vishwanath Deshpande had preferred W.P.No.8885/2015 and this court vide order dated 09.10.2015 quashed the FIR and in view of this order, investigation against the petitioner based on the very same FIR is illegal and amounts to abuse of process of court.

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