MOHAMMED SALEEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has sought forquashing of the order dated 13-8-2002passed by the XXIII Additional Sessions judge, Bangalore, in Spl. C. C. No. 443/ 2002 taking cognizance and issuing summons for the offences under Sections 7, 13{l) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988.

(2.) THE petitioner was working as a deputy Registrar of Co-operative Societies and during 1996-97, he was on deputation (O. O. D.) as a Manager, Janatha Bazar, K. G. Road, Bangalore. One N. L. Gangadhar had complained to the Lokayukta Police stating that the petitioner was demanding bribe to do an official favour. A trap was laid and the case was registered by the lokayukta Police in Crime No. 3/1997 for the offences under Sections 7, 13{l) (d) read with Section 13 (2) of the Prevention of Corruption Act. After the investigation, lokayukta placed the matter before the Government for obtaining the sanction to prosecute the petitioner. It appears that the Government refused to grant sanction to prosecute the petitioner and ordered an enquiry by the Upalokayukta by order dated 22-1-1998. The Government did not accord the sanction as required under Section 19 of the prevention of Corruption Act. Hence, 'b' report came to be filed against the same. Notice was issued to the complainant although complainant appeared and engaged the counsel when the matter was set up to file objections to 'b' report and although the matter was adjourned for several times, neither the complainant nor the counsel had appeared before the Special Court. As such for want of sanction, the Special Court closed the case and accepted the 'b' report. Further in the meanwhile, when the matter was referred to Upalokayuktha, the upalokayuktha after going through the investigation papers and materials has held that there is a prima facie case/material to proceed against the petitioner to prosecute under Sections 7, 13 (l) (d) r/w Section 13 (2)of the Prevention of Corruption Act, 1988, and proceeded to accord sanction to prosecute the petitioner acting under Section 14 of the Lokayuktha Act, 1984. Meanwhile, the Upalokayuktha had also ordered to hold d. E. against the petitioner. Again the Government by order dated 16-10-2000, ordered not to accept the report of the Lokayuktha to hold D. E. and to close the matter.

(3.) FURTHER the Lokayuktha Police based on the sanction accorded by the upalokayuktha have filed the Charge-sheet along with sanction before the Special judge, Bangalore on 25-2-2004 for the offence under Sections 7, 13{l) (d) r/w Section 13 (2) of the Prevention of Corruption act, 1988. The only extra material produced was that the order of the Hon'ble upalokayuktha dated 15-10-2001 under section 14 of the Karnataka Lokayuktha Act, 1984, according sanction to prosecute the petitioner for the abovesaid offences.