STATE BY LOKAYUKTHA POLICE, BANGALORE CITY DIVISION, BANGALORE Vs. SRI. T. RAMAIAH, S/O. LATE THINIMAIAH, POLICE INSPECTOR, SIDDAPURA POLICE STATION, BANGALORE, R/A. BANAVARA MAIN ROAD, YASLNVANTHAPTURA HOBLI, BANGALORE, R/O. THIPPASANDRA VILLAG

JUDGEMENT

(1.) THIS Criminal Revision Petition is preferred by the Lokayuktha police being aggrieved by the learned trial judge of the court below allowing the application filed by the Respondents under Section 227 of the Code of Criminal Procedure and discharging the accused.

(2.) THOUGH the submission made by the learned Counsel for the parties requires to be answered by having regard to the provisions contained in Section 227 of the Code of Criminal Procedure, it may not be out. of place to at least make a passing reference to the facts in a nutshell.

(3.) AT . the stage of framing of charge, an Application was filed by the Respondents seeking discharge under Section 227 of the Code of Criminal Procedure The Respondents placed before the learned trial judge material concerning the departmental enquiry held against them and the enquiry report was also placed. The learned trial judge, after taking note of the enquiry proceedings and the report filed and the Respondents having been exonerated in the departmental enquiry, therefore, relying on the Apex Court decision in P.S. Rajya Vs. State of Bihar, (1996) 4 AD SC 627 , allowed the application and discharged the Respondents.