SHABARISH Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner under Sec. 482 of Cr.P.C. for setting aside the order dtd. 20/12/2022 passed by the XXIII Additional City Civil and Sessions Judge and Special Judge (PC Act), Bengaluru, in Crime No.12/2019 registered by the then ACB police for the offences punishable under Ss. 7a , (A) and 12 of Prevention of Corruption Act (hereinafter referred to as ' PC Act ') and to accept the 'B' final report.

(2.) Heard the arguments of the learned counsel for the petitioner and Special Counsel for respondent No.1- Lokayukta Police and the learned counsel for respondent No.2 - de facto complainant.

(3.) The case of prosecution is that respondent No.2 filed a complaint against the petitioner for the offences punishable under Ss. 7a , (A) and 12 of the PC Act and the then ACB police, now the Lokayuktha police registered FIR in Crime No.12/2019 and after completion of investigation, the Lokayuktha Police filed 'B' final report. Subsequently, the Special Court remitted back the matter to investigation officer for fresh investigation. Accordingly, the police once against investigated the matter and filed 'B' final report. On the objection filed by the respondent No.2 - de facto complainant, the Special Court rejected the 'B' final report holding that there is cognizable offence made out against the petitioner-accused, but in order to proceed against the accused, necessary sanction is required under Sec. 19 of PC Act and, hence, directed the investigation officer to take necessary further steps for getting the sanction, which is under challenge in this petition.