B A DESHPANDE Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) The Government of Mysore (now Karnataka) in order No. HD 544 SST 72. dated 31-1-1973. Authorised the Chief Secretary to sanction the lodging of a complaint on behalf of Sri B. Basavalingappa, then Minister for Municipal Administration and Housing. The Chief Secretary to Government acting under Section 198B (3) (b) of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code), and purporting to take all the facts and circumstances into consideration, accorded sanction to the Public Prosecutors of three districts, viz., Gulbarga, Bangalore and Bijapur, to file a complaint for an offence under Section 500, Indian P. C. against the various persons arrayed as the accused, to vindicate the honour and character of the Honourable Minister. Each of the three Public Prosecutors did so before the respective Sessions Judges as per Section 198-B of the Code.

(2.) In Criminal Case No. 16/73 before the Sessions Court, Gulbarea, there were thirty-two accused. In Criminal Case Nos. 1 and 2 of 1973 before the Sessions Court, Bangalore, there were three and one accused. The third accused in Criminal Case No. 1 of 1973 was deleted. In Criminal Cases 1, 2 and 3 of 1973, before the Sessions Court, Bijapur, there were twenty, one and one accused.

(3.) Criminal Revision Petitions 428. 545, 580, 554. 555 and 556, all of 1973, respectively relate to Criminal Case 16 of 1973 on the file of the Sessions Judge, Gulbarga, Criminal Cases 1 and 2 on the file, of the Sessions Judge, Bangalore, and Criminal Cases 1, 2 and 3 on the file of the Sessions Judge, Bijapur. The accused in all the six criminal cases, excepting one in Criminal Case No 1 of 1973, before the Sessions Judge, Bijapur, are the petitioners here. The respondents are the Public Prosecutors of the respective districts in Gulbarga and Bijapur cases; while in Bangalore cases, the State itself is the respondent.