M.A. HASEEB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for petitioner Sri Sachin M. Mahajan and learned SPP for respondent-Lokayukta.

(2.) The petitioner-accused No.1 has filed this petition under Sec. 482 of Cr.P.C., praying to quash the charge-sheet in Spl.CC. No.4/2022 arising out of Crime No.2/2019 registered by ACB Police Station, Kalaburagi, for the offences punishable under Ss. 7, 7(a), 7A of Prevention of Corruption Act, 1988 (for short ' P.C. Act '), pending on the file of learned Principal District and Sessions Judge at Kalaburagi.

(3.) The brief facts of the prosecution case are as under: On the basis of credible information, FIR was registered on 9/5/2019 in Crime No.2/2019 by ACB Police Station, Kalaburagi, in respect of illegal act committed in the office of the Sub-Registrar at Kalaburagi, where it was found that officials in connivance with private agents and Deed Writers, are indulged in accepting illegal gratification for doing works in the office of the Sub-Registrar at Kalaburagi. Therefore, a raid was undertaken by obtaining search warrant from the Principal District and Sessions Court, Kalaburagi and search was conducted in the presence of panchas, i.e., Sri Ashok Kumar, BEO, Kalaburagi, Sri Arun Kumar and Smt. Bharati and they found a sum of Rs.70.00 from the person of accused No.1 and has made search in the table drawer, nothing was found. After searching the other employees, a sum of Rs.39.00 was found from Ashok Kumar, SDA, a sum of Rs.29,999.00 was found in the table drawer, a sum of Rs.100.00 was found from Md. Rafiq, FDA, a sum of Rs.20.00 was found from Mareppa, Peon and Rs.140.00 was found from Smt. Shaheen Begum, SDA. Further, search was conducted in the Record Room and a sum of Rs.1,465.00 was found in the tray of Xerox Machine and a sum of Rs.59,950.00 was found in the vehicle bearing No.KA-03/MN-2017 alleged to have been used by the petitioner. The accused and his staff failed to justify the possession of huge amount. Therefore, the Investigating Officer conducted seizure panchanama in the presence of witnesses and has proceeded with the investigation and after conclusion of investigation the Investigating Officer has filed charge-sheet against the accused persons for the offences under Ss. 7, 7(a) and 7A of P.C. Act, 1988.