N.SATISH BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Articles 226 and 227 of Constitution of India, read with 482 of Cr.P.C for quashing the FIR in Crime No.3/2024 registered by the Karnataka Lokayuktha police, Bengaluru, for the offences punishable under Sec. 13(1) (b), read with 13(2) of Prevention of Corruption Act, 1988 (Amendment Act 2018) (hereinafter referred to as 'PC Act').

(2.) Heard the learned counsel for the petitioner and learned special counsel for the respondent Nos.1 and 2.

(3.) The case of the prosecution is that on the suomotu complaint registered by the Lokayuktha police, Bengaluru, against the petitioner alleging that the petitioner was appointed as Industrial Extension Officer, Shikaripura Industries and Commerce Department on 24/10/1994. Then he was appointed as Junior Engineer in 2002 and worked in various departments of Public Works Department (for short 'PWD'). Now he is Executive Engineer in PWD. As per the source report collected by the police on 18/11/2023, FIR has been registered, alleging that during his tenure as public servant he has amassed wealth to the tune of Rs.3,62,50,000.00 about 110% disproportionate to his known source of income in his name, from check period 24/10/1994 till date. Accordingly, the investigation has taken up which is under challenge. Learned counsel for the petitioner has vehemently challenged the proceedings/investigation mainly on the ground, that the DySP of Lokayuktha filed a source report against the petitioner without conducting preliminary enquiry as mandated under the law by the Lalita Kumari vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1, passed by Hon'ble Supreme Court. Further contended that the superintendent of police without conducting preliminary enquiry/verification and without satisfying himself of the genuineness of the source report and without application of mind, in contravention of the proviso to Sec. 17 of the PC Act, had permitted the respondent No.1 to register the FIR and conduct the investigation which is bad in law.