S.M. KRISHNA S/O. SRI S.C. MALLAIAH Vs. STATE OF KARNATAKA BY LOKAYUKTA POLICE REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE AND SRI YSM ABRAHAM T.J. S/O. JOSEPH T.A.

JUDGEMENT

(1.) THE petitioner has sought for quashing the averments of PCR No.27/2011 as they relate to petitioner herein and setting aside the order dated 03.12.2011, passed under section 156(3) Cr.P.C., in PCR No.27/2011, referring the complaint to Additional Director General of police, Lokayukta, for investigation and quashing first information report in Crime No.63/2011, registered by Lokayukta police as they relate to petitioner herein.

(2.) I have heard Sri Uday U.Lalit, learned senior counsel for petitioner, Sri S.G.Rajendra Reddy, learned counsel for I -respondent/Lokayukta police and II respondent/party -in -person Sri T.J.Abraham.

(3.) IT is not in dispute and cannot be disputed that the complainant has predominantly relied upon the facts stated in the Lokayukta report dated 18.12.2008, which was pursuant to reference made by the Government of Karnataka in exercise of powers under section 7(2 -A) of the Karnataka Lokayukta Act. 1984 (hereinafter referred to as 'Lokayukta Act') vide G.O.No.CI 164 MMM 2006 dated 12.03.2007. The report of Lokayukta under section 12(3) of the Lokayukta Act was submitted to the State Government on 18.12.2008.