H D KUMARASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition the petitioner has prayed for quashing the order dated 21.04.2012 and the entire proceedings in crime No.

(2.) /2012 arising out of PCR No. 30/2011 on the file of 23rd Additional City Civil and Special Court for Prevention of Corruption Act, Bangalore city. 2. Respondent No. 2 filed a private complaint under Section 200 Cr.P.C. against the petitioner and 3 others for the offences punishable under Section 13(1)(d), (e) and 13(2) of the Prevention of Corruption Act, Section 406, 420, 463, 465, 468, 471 read with Section 120-B and 34 IPC and Section 3 and 4 of the Karnataka Land (Restriction on Transfer) Act. In the petition it is contended that the Government of Karnataka formulated a scheme to form a residential layout known as Arkavathi Layout. On 03.02.2003 a preliminary notification under Section 17(1) and (3) of the Bangalore Development Authority Act was issued to acquire lands in several survey numbers including survey No. 87/4-b of Tanisandra village, K.R. Puram Hobli, Bangalore east Taluk measuring 3 acres and 8 guntas belonging to accused Nos. 3 and 4. The accused Nos. 3 and 4 filed objections and requested for dropping the proceedings. Subsequently on 23.02.2004 a final notification was issued under Section 19(1) of the Bangalore Development Authority Act. Thereafter an award came to be passed, possession was taken and the same was handed over to the Engineering Section for formation of a layout. Accordingly the Engineering Section formed a layout including the land in question and sites were allotted.

(3.) THE Special Judge by his order dated 02.01.2002 referred the complaint to respondent No. 1 ­ police under Section 156(3) Cr.P.C. for investigation. Respondent No. 1 police after investigation filed a charge sheet. The Special Judge under the impugned order dated 21.04.2012 had taken cognizance and issued summons. Therefore the petitioner ­ accused No. 1 is before this Court to quash the entire proceedings.