(1.) The petitioner has filed this criminal petition under section 482 of Cr.P.C., praying to quash the proceedings initiated in PCR.No.9/2012 and order of reference dated 4.7.2012 passed by the Special Court for Prevention of Corruption Act, Bengaluru city and registration of FIR in crime No.60/2012, Lokayuktha Police, Bengaluru city and all consequential proceedings.
(2.) The second respondent has filed a private complaint under section 200 of Cr.P.C., before the Special Court for Prevention of Corruption Act, Bengaluru city, on 1.3.2012. It is alleged, the petitioner is a public servant. Accused Nos.2 to 19 have joined accused No.1 i.e., the petitioner in the commission of alleged offence. The complaint relates to de-notification of the land as ordered by the petitioner and published in the official gazette. It is alleged, the case pertains to de-notification of the land in Sy.Nos.128 and 137 of the Halagevaderahalli Village, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru District. The land is de-notified by the petitioner. It was published in the official gazette on 1.10.2007 just one week before relinquishing of the office by the petitioner as the Chief Minister. The details are as follows:
(3.) It is stated, during the year 1989, the Government formulated a scheme known as Banashankari V Stage Layout for formation of residential sites. In this regard, a notification vide No.BDA/SLAO/A1/324/88-89 was published in the gazette on 6.4.1989. This notification was followed by the final notification vide No.HUD/127/MNX/1994 dated 9.5.1994 and the same was published in gazette on 18.5.1994. The owners challenged the final notification in a bunch of writ petitions bearing W.P.No.21975/94 and W.P.No.3759/94. This Court has delivered judgment on 19.9.1996 and 27.9.1996 quashing the final notification on the ground that it lacks sanction by the Government of Karnataka. While quashing the notification, liberty has been reserved to proceed afresh.