STATE Vs. SHIVANNA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) THE present petition is filed by the State represented by the Lokayukta Police questioning the order passed under Section 239 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C., for brevity) by the court below, in discharging the accused. The accused was said to be the Chief Officer, Town Municipal Council and had retired from service on 30.04.2008. He was subjected to investigation for the check period from 31.07.1980 to 21.04.2008 by the Lokayuktha police and they had come to a conclusion that he had amassed wealth disproportionate to the known sources of income and had filed a charge -sheet under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 and an FIR was registered in the Ramanagara Lokayuktha Police Station in Crime No. 2/2008 and it is pursuant to further proceedings that the matter was before the Principal District and Sessions Judge, Ramanagara. The accused had filed the application to contend that his daughter Sowmya and son S. Sudheer Babu were qualified professional having their independent income and that properties which stood in their names had been included in the assets of the respondent and therefore, a wrong conclusion had been drawn. In that, the charge -sheet revealed that the total assets of the accused were "Rs. 62,41,998/ -. The charge -sheet revealed the following particulars: