M. C. VIDYASHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner against whom a charge sheet is laid by respondent No.1 Lokayukta police in Cr.No.31/2013 has presented this petition under section 482 Cr.P.C. seeking to quash the initiation of the proceedings in Spl.Case(Lok) No.1/2018 and also to quash the order taking cognizance against the petitioner for the offences punishable under sections 198 IPC and sections 8 , 13(1) (c) r/w 13(2) of Prevention of Corruption Act , 1988.

(2.) The brief facts leading to the presentation of the above petition are as follows:-

(3.) Placing reliance on the Karnataka Urban Development Authorities (Allotment of Sites in lieu of Compensation for Land Acquired) (Amendment) Rules, 2015 and the decision of the Hon'ble Supreme Court in Kogundi Dyamanna v. Manikanta Sarkar and Another , 2017 SCC Online Kar 4285, learned Senior counsel appearing for the petitioner has emphatically submitted that the allotment made in favour of the petitioner does not violate any of the provisions of the above rules. No material was available on record to show that the petitioner was in possession of any land other than the site allotted to him as on the date of the submission of the charge sheet. If a person acquires property by gift inheritance, the same does not disentitle him to acquire a site and without considering any of these aspects and without satisfying itself about the requirement of prior sanction, the learned Special Judge has taken cognizance of the alleged offences and issued summons to the petitioner which is patently illegal and amounts to abuse of process of Court and thus prayed for quashing the entire proceedings against the petitioner.