SOMASHEKHRAPPA Vs. THE KARNATAKA LOKAYUKTA

JUDGEMENT

(1.) THOUGH the matter is listed for Admission, with the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal and disposed of by this order. The proceedings initiated against the petitioner by the Karnataka Lokayukta, Belgaum Police Station, in Crime No. 14 of 2011 under the provisions of Prevention of Corruption Act, 1988 (for short "the Act") on the file of IV Additional District & Sessions Judge, Belgaum is under challenge in this petition and the petitioner is seeking for quashing of the same.

(2.) THE facts, leading to the case, are that the respondent -Lokayukta Police, Belgaum registered the case against the petitioner for the offence punishable under Sections 17 and 13(1)(d) of the Act. The case registered against the petitioner is contrary to the provisions of the Code of Criminal Procedure (for short "CrPC) to the effect that the mahazar for conducting raid without an FIR is in contravention of Section 154 CrPC and also the judgment of the Hon'ble Supreme Court on this point. In support of his submission the learned counsel referred to the judgment of the Hon'ble Supreme Court in the case of Samaja Parivarthan Samudaya v. State of Karnataka reported in 2012 SCW 3323; and judgment of this Court in the case of L. Shankaramurthy v. The State by Lokayukta Police passed in Criminal Petition No. 3213 of 2012 and connected matters disposed of 3rd September 2012. He also referred to another judgment of this Court in the case of Ramesh Desai and Another v. The State of Karnataka in Criminal Petition No. 15461 of 2011 disposed of on 7th July 2011, wherein it has been held that raid and mahajar and other furtherance shall proceed only after registration of FIR. The learned counsel for the petitioner further submits that in the instant case, on 25th June 2011 the respondent -Lokayukta Police, on credible information conducted raid and drawn panchanama. Thereafter, FIR was registered.

(3.) IN similar circumstance, this Court, in the case of D.R. Sadiq Shariff V. State of Karnataka by the Police of Lokayukta Chamarajanagar District in Criminal Petition No. 2458 of 2012 disposed of on 8th January 2013 has held that the whole procedure adopted by the respondent in that case is not recognised by law and it is illegal; the registration of the case based on the seizure mahazar, is bad in law, and therefore, all, further proceedings pursuant to registration of the case in the said Criminal Petition are liable to be quashed.