B.S. YEDDYURAPPA S/O SIDDALINGAPPA FORMER CHIEF MINISTER, MEMBER OF LEGISLATIVE ASSEMBLY Vs. STATE OF KARNATAKA THROUGH SUPERINTENDENT OF POLICE AND SRI Y.S.V. DATTA MEMBER OF LEGISLATIVE COUNCIL, S/O LATE Y.V. SURYANARAYANA

JUDGEMENT

(1.) THE legality and correctness of the order passed by the Special Judge for Lokayukta Cases, Bangalore City in P.C.R. No. 18/2011 referring the complaint of the second Respondent for investigation and to report, to the Superintendent of Police, Karnataka Lokayukta, Bangalore Urban, under Section 156(3) of Code of Criminal Procedure is called in question in these petitions.

(2.) WE have heard Mr. Uday Lalith, learned Senior counsel for the Petitioner.

(3.) THOUGH several grounds are urged in these writ petitions at the time of arguments, Sri. Uday Lalit,learned senior counsel submitted that be would confine his arguments only in regard to the Jurisdiction of the Special Judge invoking the Provision of Section 156 (3) Code of Criminal Procedure and further requested the Court to not to consider the case of the Petitioner on merits. Therefore,in the light of the submission made by the learned senior counsel, we are required to consider: Whether the learned Special Judge has power to invoke the provision under Section 156(3) of Cr.P.C, in referring the complaint of the second Respondent to the Superintendent of Police, Karnataka Lokayukta, Bangalore City for investigation and to report?