ABHAY KUMAR Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This writ petition filed by the petitioner/accused under article 226 and 227 of Constitution of India read with 482 of Cr.P.C for quashing the order dtd. 21/9/2017 in PCR no.18/2012 passed by the 4th Additional District and Sessions judge, Belagavi herein referred as trial court and consequently to quash the FIR Crime No.12/2017 registered by the Lokayuktha police, Belagavi, as being illegal and void.

(2.) Heard the arguments of learned senior counsel for the petitioner and Sri.B.B.Patil for the Lokayuktha and counsel for the defacto/complainant.

(3.) The case of the petitioner is that the respondent No.2 the defacto complainant had filed a private complaint before the trial court in PCR No.18/2012 for the offence punishable under Ss. 13 (1) (e) read with 13(2) of Prevention of Corruption Act (PC Act ), inturn the learned Special Judge referred the complaint to the Lokayuktha police for investigation under Sec. 156 (3) of Cr.P.C . It is alleged that the petitioner being a sitting MLA during the parade 2004 to 2008 representing the Bagevadi Assembly constituency in Belagavi district and during that time he has amassed the wealth more than the known sources of income, thereby the petitioner being public servant committed the offence under the provisions of PC Act . After receipt of the private complaint, the complaint has been referred to the police, inturn the Lokayuktha police, Belagavi, registered the FIR in Crime No.14/2012.