LAWS(KAR)-2021-1-2

SRI A ALAM PASHA Vs. MURUGESH R NIRANI

Decided On January 05, 2021
Sri A Alam Pasha Appellant
V/S
Murugesh R Nirani Respondents

JUDGEMENT

(1.) The short question that arises for consideration in this petition is, Whether the presentation of a fresh complaint under section 200 Cr.P.C. is barred on account of quashing of the earlier complaint filed against respondent No.2/public servant for want of sanction under section 19 of the Prevention of Corruption Act?

(2.) The outline facts necessary to answer the above question are that the petitioner herein filed a complaint under sections 190 and 200 of Cr.P.C., seeking action against the respondent Nos.1 to 4 for the alleged offences punishable under sections 418, 465, 468, 471 read with 120B of IPC and sections 13(1)(c), 13(1)(d)(ii) of the Prevention of Corruption Act.

(3.) The allegations against the respondents were that the respondents entered into a criminal conspiracy and forged documents purported to have been issued by the petitioner / complainant seeking to withdraw the approval granted by the High Level Clearance Committee for allotment of 26 acres of land to the complainant at Devanahalli Industrial Area, Bengaluru Rural District.