T.S. SATHYANANDA Vs. VIDYA NAGENDRA

JUDGEMENT

(1.) THIS criminal revision petition is by the complainant in a private complaint. He is aggrieved by the Trial Court dismissing his complaint.

(2.) THE brief facts are, the petitioner filed a private complaint under Section 200 of he Criminal Procedure Code, 1973 alleging the commission of the offences by the respondents herein under Sections 405, 406, 420, 465 and 468 of the Indian Penal Code, 1860 and under Section 13(1)(d) and 13(1)(e) of the Prevention of Corruption Act, 1988 (for short, hereinafter referred to as 'the Act ') read with Section 120-B of the IPC. The allegation made in the complaint was that an area measuring 230 acres 11 guntas was handed over to the MUDA for developing into sites and the sites were formed numbering 2714 in all and that the respondents without following the Rules, made the allotments in favour of certain persons and the first accused also got a site allotted to her and therefore, the accused persons committed the aforementioned offences. On the strength of the complaint averments, the petitioner sought for cognizance being taken against the respondents and to proceed against them in accordance with law.

(3.) LEARNED Counsel, Sri. C.H. Jadhav, for the petitioner submitted that merely because certain steps have been taken by the Government, that cannot be a ground to reject the complaint and the Trial Court has not even gone into the complaint allegation and as such the impugned order be set aside. As the Court below did not go into the complaint allegations in detail, the order of the Court below therefore cannot be sustained in law. Hence, learned Counsel sought for the impugned order being set aside and a direction to the Trial Court to proceed in accordance with law.