LAWS(KAR)-2014-10-269

ABHAY KUMAR Vs. SUJIT AND ORS.

Decided On October 21, 2014
ABHAY KUMAR Appellant
V/S
Sujit And Ors. Respondents

JUDGEMENT

(1.) The petitioner, who is accused in PCR No.18/2012 on the file of Special Judge and IV Addl. Sessions Judge, at Belgaum, filed a Writ Petition On 22.1.2013, under Articles 226 & 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, for quashing Private Complaint at Annexure-A; FIR bearing No.14/2012 on the file of Lokayuktha Police, at Belgaum, and the order dated 19.11.2012 and 20.11.2012, at Annexure-B and C.

(2.) On 22.2.2013, Sri M B Gundawade, panel Advocate for Lokayuktha Police/respondent No.2, was directed to take notice. On service of notice, respondent No.1/complainant entered appearance through Sri Ram P Ghorpade and Sri R G Patil.

(3.) Learned Single Judge Mr Justice Anand Byrareddy, after hearing arguments of the learned Counsels for the parties and taking note of the factum that the accused is no more a public servant (MLA) and referring to his own decision rendered in MURUGESH R NIRANI Vs. A ALAM PASHA (Crl.P No.1598/2013 DD 21.5.2013) and by Mr Justice K N Keshavanarayana, in BABU RAO CHINCHANASUR Vs. STATE, BY LOKAYUKTHA POLICE, 2013 3 KarLJ 480 formulated a question for reference namely: