HAMED ALI AND ORS. Vs. KABBALEGOWDA AND ORS.

JUDGEMENT

(1.) These petitions are heard together and are disposed of by this common order. The petitioners are the accused in a pending criminal case. The relief sought for is common, all of them are seeking that the proceedings initiated against them, respectively, be quashed.

(2.) The facts leading up to these cases is said to be as follows:

(3.) The learned Senior Advocate Shri B.V.Acharya, appearing for the counsel for Accused no.1 - D.K. Shivakumar, (WP no.26555/2012) would contend that the Special Judge could not have taken cognizance unless the complaint disclosed, prima facie, the commission of an offence under the provisions of the PC Act. It is pointed out that the provisions invoked are Section 13(1)( c) and (d) of the PC Act, both the said provisions are not at all attracted - given the allegations made against the petitioner. Allegations with regard to any offence punishable under the KRTL Act or under the provisions of the IPC would not afford jurisdiction to the Special Court under the PC Act.