STATE OF KARNATAKA Vs. BASAVARAJ GUDDAPPA MALIGER

JUDGEMENT

(1.) THE State and more particularly the Superintendent of Police, Bureau of Investigation, Karnataka Lokayukta, Belgaum has preferred this writ appeal against the order of the learned single Judge, dated 25-7-2000 in WP No. 42407/1995.

(2.) THE petitioner in the Writ Petition was a public servant. He was the Chief Engineer (Communication and Building), Public Works Department, Dharwad. The allegation against the public servant was that while he was working in the PWD during the period 2-7-1963 to 30-11-1990 had amassed wealth disproportionate to his known source of income to the extent of Rs. 15,10977/ -. The First Information Report was registered against the public servant under S. 13 (1) (e) read with S. 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the P. C. Act ).

(3.) THE case was registered by the Superintendent of Police, Bureau of Investigation, Karnataka Lokayukta, Belgaum. The Police wing of the Lokayukta on registration of the FIR filed the charge sheet on 12-1-1996 for the check period from 2-7-1963 to 30-11-1990 in Spl. Case No. 1 of 1996 before the competent Court. Aggrieved by the registration of the FIR, the public servant who is the respondent in the writ appeal challenged the registration of the FIR under Article 226 of the Constitution of India.