GAGAN BADERIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed under Articles 226 and 227 of Constitution of India read with Section 482 of Cr.P.C. praying to issue an order, direction or writ in the nature of certiorari quashing the order dated 14.06.2019 passed in Spl.C.C.No.584/2019 on the file of XXIII Additional City Civil and Sessions Judge and Special Judge for Prevention of Corruption Act (for short PC Act ) at Bengaluru City vide Annexure-A; issue an order, direction or writ in the nature of certiorari quashing the entire criminal proceedings, charge sheet initiated against the petitioner in Spl.C.C.No.584/2019 filed for the offences punishable under Sections 109, 120B of the IPC and Section 12 of the PC Act vide Annexure-A1 and issue such other reliefs as deem fit in the facts and circumstances of the case.

(2.) The factual matrix of the case is that this petitioner has been arraigned as accused No.2 on the ground that the father of the petitioner belongs to the Indian Administrative Service and he was posted as a Commissioner and Director of Mines and Geology on 12.9.2005. This petitioner as the son of the Government Servant had accepted an amount of Rs.20,00,000/- from accused No.2 on behalf of his father in order to make the official favour to accused No.1 by way of granting permission for shifting the mines to the tune of 1,17,800 metric tonns of iron ore without the statutory clearance by the Central Government which is mandatory to operate the mining area. Hence, the above offences are invoked.

(3.) The main contention of the petitioner is that he has been falsely arraigned as accused for the offence punishable under Sections 109, 120B of IPC and Section 12 of the PC Act, which amounts to an abuse of process of Court. Learned Special Judge also committed an error in taking the cognizance in the absence of charge sheet against the public servant since the same is without jurisdiction and without the authority of law. Unless the Government grants sanction against accused No.3, who is the father of the petitioner herein and when the charge sheet is not filed against accused No.3, learned Special Judge has failed to consider the allegation made against the petitioner that the petitioner has abated the commission of offences and has erroneously invoked Section 120B of IPC on the ground of criminal conspiracy and without obtaining the sanction under Section 19 of PC Act for filing the charge sheet against the public servant, learned Special Judge cannot issue the summons in a mechanical manner without due application of mind and also failed to consider the material available on record.