H.C. KANTHARAJ S/O CHENNEGOWDA AND OTHERS Vs. STATE OF KARNATAKA. REP. BY SPP, HIGH COURT OF KARNATAKA AND DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS petition is disposed of finally after hearing learned senior counsel Sri. A.K. Subbiah for the Petitioners and Sri. S. Rajendra Reddy for the Respondent -Lokayukta and also learned Government Pleader for Respondent No. 1.

(2.) THE Petitioners seek quashing of the FIR registered in F.I.R. 2/09 of Lokayuktha police station, Madikeri for the offences under Sections 7, 13(1)(c) , 13(1)(d) of the Prevention of Corruption Act and Sections 420, 468, 471 r/w 120B of the IPC.

(3.) SUBMISSION of the learned senior counsel for the Petitioners is that, a plain reading of the complaint would not make necessary ingredients of the alleged offences and moreover, offences under the Prevention of the Corruption Act cannot be made out, insofar as the offences under the IPC are concerned, if at all there is any irregularity in conducting the auction, that would be a matter to be dealt with in accordance with the auction procedure and therefore the complaint does not disclose the commission of any of the alleged offences by the Petitioners and moreover, if some of the lots were skipped, that does not mean that the proper procedure was not followed in conducting the auction. Under these circumstances, the FIR of the Petitioners cannot be sustained in law and needs to be quashed.