SNEHAMAYI KRISHNA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing transfer of investigation in P.C.R.No.28 of 2024 to the hands of an independent agency, like that of the Central Bureau of Investigation ('CBI' for short) to investigate into the alleged acts of respondents 9 to 12 and other accused, owing to the observations made by this Court in Writ Petition No.22356 of 2024.

(2.) Before embarking upon consideration of the prayers so sought, I deem it appropriate to notice the protagonists in the lis. The petitioner claims to be a social worker, who is said to have pursued various causes, in the interest of the society at large. He is said to be a well-known journalist, film maker and a celebrated film director. The 1st respondent is the Union of India; respondents 2, 4, 6 and 8 are the State and its authorities; respondent No.3 is the Central Bureau of Investigation; respondents 5 and 7 are the officers of Karnataka Lokayukta; respondent No.9 is the sitting Chief Minister of the State of Karnataka; respondent No.10 is the wife of the Chief Minister, respondent No.11 is the brother-in-law of respondent No.9. Respondent No.12 is an outsider who is said to have a role in the lis. The aforesaid are projected to be the key players in the lis.

(3.) The petitioner along with others seek to register a private complaint invoking Sec. 200 of the Cr.P.C. in P.C.R.No.28 of 2024 against respondents 9 to 12 herein, naming them as accused. The complaint was with regard to illegal allotment of sites by Mysore Urban Development Authority ('MUDA') in favour of wife of the Chief Minister, on the alleged influence of the Chief Minister. The offences alleged were an amalgam of offences punishable under the provisions of the Prevention of Corruption Act, 1988 ('the Act' for short) and the Indian Penal Code inter alia. Since 9th respondent is a sitting Chief Minister, approval as necessary under Sec. 17A of the Act, was sought from the hands of the Governor. A gubernatorial order was passed granting approval to investigate into the matter by the Governor. The said grant of approval comes to be challenged before this Court in Writ Petition No.22356 of 2024. This Court by its order dated 24-09- 2024 rejected the petition filed by the Chief Minister, challenging the order granting approval by the Governor. After dismissal of the petition on 24/9/2024, the concerned Court by its order dtd. 25/9/2024, the next day, refers the matter for investigation under Sec. 156(3) of the Cr.P.C. directing investigation on registration of crime by the Police wing, of the Karnataka Lokayukta. The crime comes to be registered on 27- 09-2024 in Crime No.11 of 2024. One hour before registration of crime, the subject petition is filed, on the same day i.e., on 27- 09-2024 seeking transfer of investigation to the hands of the CBI.