D.M.PADMANABHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 to 3 are before this Court under Articles 226 and 227 of the Constitution of India r/w Sec. 482 of Cr.P.C, with a prayer to quash the FIR in Crime No.4/2024 registered by respondent No.1 for the offences punishable under Sec. 13(1) (b) R/w Sec. 13(2) and Sec. 12 of the Prevention of Corruption Act. 1988, (for short, 'P.C.Act'), pending before the Court of XXIII Addl. City Civil and Sessions Judge, Bengaluru.

(2.) Heard the learned counsel appearing for the parties.

(3.) Facts leading to filing of this writ petition as revealed from the records narrated briefly are, petitioner No.1 was appointed on compassionate ground as Secretary Grade-II on 26/3/2002 and in the year 2007 he was promoted as Secretary Grade-I. In the year 2011, he was promoted to the post of Panchayat Development Officer and during the year 2023 when he was working as a Panchayat Development Officer at Kundana Grama Panchayat, Devanahalli taluk, he was suspected of acquiring assets disproportionate to his known source of income, and therefore, the Police Inspector attached to Karnataka Lokayukta, Bengaluru Urban Division had held preliminary enquiry and thereafter submitted a source report on 22/12/2023. On the basis of the said report, the Superintendent of Police, Karnataka Lokayukta Bengaluru urban division had directed respondent no.1 herein to register FIR against accused no.1 for the offences punishable under Sec. 13(1)(b) R/w Sec. 13(2) and Sec. 12 of the P.C Act. Based on the order passed by the Superintendent of Police in exercise of his power under Sec. 17 and 18 of the P.C. Act, respondent no.1 had registered FIR in crime No.4/2024 against the petitioners. Thereafter, respondent no.1 after obtaining search warrant had conducted search on various properties which stood in the name of petitioner no.1 and also on the properties allegedly purchased by petitioner no.1 in the name of petitioner Nos.2 and 3, who are his wife and mother-in-law, respectively. It is at this stage the petitioners have approached this Court with a prayer to quash the impugned proceedings in Crime No.4/2024.