STATE OF KARNATAKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/Police Wing of the Karnataka Lokayukta is knocking at the doors of this Court seeking quashment of order dtd. 21/6/2019 by which the competent authority has refused to grant sanction to prosecute the 2nd respondent.

(2.) The facts adumbrated are as follows:- Respondent No.2 is an Officer of the State Government working in the cadre of Chief Engineer. On 21/7/2011 the petitioner draws up a source report against the 2nd respondent and registers FIR in Crime No.28 of 2011 on the very same day i.e., 21- 07-2011. The petitioner claims that the investigation pursuant to registration of the aforesaid FIR was completed on 7/5/2013 and a final report was placed before the concerned Court depicting that the 2nd respondent was in possession of 72.44% of disproportionate assets to the known source of income. As required in law, the petitioner communicates to the competent authority in the 1st respondent to accord sanction to prosecute the 2nd respondent. The 2nd respondent prefers a writ petition in W.P.No.21782 of 2014 calling in question the registration of crime. This Court in terms of its order dtd. 20/8/2016 quashed the proceedings against the 2nd respondent. The petitioner/Lokayukta being aggrieved by the said order of quashment of proceedings, preferred an Appeal in Criminal Appeal Nos.776-779 of 2018 before the Apex Court. The Apex Court allows the appeal and sets aside the order passed by this Court. Therefore, the proceedings in Crime No.28 of 2011 registered for offences punishable under Sec. 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short) revived before the concerned Court.

(3.) The issue then boiled down to the grant of sanction at the hands of competent authority. Sanction was also sought by the petitioner on 14/5/2013. In the light of pendency of the case before this Court and its quashment it was not taken it to its logical conclusion. After the Apex Court allowing the Criminal Appeal and setting aside the order passed by this Court quashing the FIR, the communication for grant of sanction comes to be rejected by the competent authority on 21/6/2019. It is calling in question refusal of sanction by the competent authority, the Investigating Agency i.e., the Police Wing of the Lokayukta has knocked at the doors of this Court claiming to be aggrieved by the refusal of grant of sanction.