S.N. HEGDE Vs. THE LOKAYUKTA AND ORS.

JUDGEMENT

(1.) THE facts of the case are as follows.

(2.) IT transpires that one Prof. Ashwathnarayan had made a complaint against the petitioner to the effect that an e -mail, sent in the name of Dr. K.L. Ramadas from the USA, to the first respondent on 14.09.2002, was registered as a complaint. The e -mail was seen to have originated from Southern California, USA, and was actually sent by one V.M. Kumaraswamy, as disclosed from the e -mail I.D. It was alleged that the petitioner had demanded bribe from Dr. K.L. Ramadas to show him favours.

(3.) THOUGH there is a weak attempt to justify the action of the respondents which is under challenge, it is evident that there is no complaint shown to have been made by Dr. Ramadas, who is said to have paid the bribe amount to the petitioner. The investigation by an Inspector of police in respect of an offence punishable under the provisions of the PC Act, was in violation of the procedure prescribed. And there is no prior sanction for prosecution. Hence, the proceedings initiated against the petitioner are clearly vitiated and cannot be sustained. The petition is allowed. The impugned Annexures, "A", "B" & "C" are quashed.