G.D. JAYARAMA, S/O LATE M.A. DEVAIAH Vs. KAMATAKA LOKAYUKTHA POLICE, REP BY THE DEPUTY SUPERINTENDENT OF POLICE, CITY DIVISION, BANGALORE

JUDGEMENT

(1.) IN this writ: petition, petitioner is seeking to quash the Complaint, FIR, Charge Sheet and all proceedings in Special C.C.No.26/2010 on the file of the XXIII Additional City Civil and Sessions Judge and Special Judge, Bangalore City, vide Annexures -C, D and A respectively.

(2.) PETITIONER was working as a Junior Engineer in the Public Works Department, Government of Karnataka. He was deputed to the office of the Bangalore Development Authority, BDA Complex, Banashankan 2nd Stage, Bangalore. Complaint was tiled against, the petitioner by one R. Ganesh before the Police Inspector, Karnataka Lokayuktha, alleging that the petitioner had demanded bribe in order to show official favour. The Lokayuktha Police registered a complaint. After conducting investigation, along with all the documents, the Lokayuktha Police requested the Government to accord sanction to prosecute the petitioner under Section 19 of the Prevention of Corruption Act, 1988. The State Government by order dated 01.09.2007 refused to accord sanction to prosecute the petitioner. Again, another request was made by the Lokayuktha Police to the Government to review the earlier order and accord sanction. The Government again rejected the request of the Lokayuktha Police vide order dated 01.01.2008. A third request was made by the Lokayuktha Police and the same was also rejected by passing another order by the Government on 16.04.2008. Yet another request, on the fourth occasion was made by the Lokayuktha Police seeking sanction which was also refused on 06.11.2008.

(3.) PURSUANT to the said order, the Government, passed an order on 06.07.201 1, copy of which is produced at Annexure -M, holding that on careful consideration of the entire materials, no case had been made out for according sanction for prosecution against the petitioner and that the previous order dated 18.01.2010 granting sanction deserved to be cancelled. Though it was not necessary for the Government to cancel the previous order of sanction which had been already set aside by this Court, the fact remains that by the order produced at Annexure -M, the State Government, upon reconsideration of the matter, came to the conclusion that, no case had been made out for according sanction. However in the meanwhile, the Lokayuktha Police had filed charge sheet on 28.01.2010 and the Special Judge had taken cognizance of the matter on 29.01.2010.