M.N. SUSANNA Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This petition filed by the petitioner-accused Nos.1 to 7 under Articles 226 and 227 of the Constitution of India read with Sec. 482 of Cr.P.C. for quashing the charge sheet and proceedings in Special Case No.200/2021 pending on the file of III Additional District and Sessions Judge Mysuru, charge sheeted by the Lokayuktha police in respect of crime No.11/2012 for the offences punishable under Ss. 7, 8, 12, 13(1)(d)(e) read with Sec. 13(2) of Prevention of Corruption Act, (hereinafter referred to as 'P.C. Act').

(2.) Heard the arguments of learned counsel for the petitioners and the learned counsel for the respondent.

(3.) The case of the prosecution is that the respondent Lokayuktha registered FIR in Crime No.11/2012 alleging that on 27/6/2012, the Lokayuktha conducted raid over the Excise Office, Mysuru and seized some cash from the Excise Department and registered FIR and filed charge sheet. It is alleged in the charge sheet that accused No.1 said to be demanded bribe from C.Ws.14 and 15 for renewal of excise licence for Rs.41,000.00 each. Accordingly, accused No.3 said to have received money as per the instruction of accused No.1 and given to accused No.2, and in turn, accused No.2 was in possession of the bribe amount of Rs.82,000.00 which was seized by the Lokayuktha police and thereby, accused No.1 committed the offence under Sec. 12 of the PC Act and accused No.2 and 3 committed the offence under Ss. 8, 13(1)(d) read with sec. 13(2) of PC Act and accused No.4-the inspector of Excise Department used to collect the bribe amounts from the accused No.5, 6 and 7.