ABHAY KUMAR Vs. SUJIT AND ORS.

JUDGEMENT

(1.) This petition is filed by the petitioner under Articles 226 and 227 of the Constitution of India r/w Sec. 482 of Cr.P.C.

(2.) Petitioner filed the above petition seeking issuance of writ of certiorari or any other appropriate writ to quash the order of the learned 4th Addl. District and Sessions judge, Belgaum in private complaint bearing PCR No. 18/2012 dated 19.11.2012 produced as per Annexure 'B' and also private complaint bearing PCR No. 18/2012 produced at Annexure A and also to issue a writ of certiorari or any other appropriate writ to quash the FIR No. 14/2012 dated 20.11.2012 produced at Annexure 'C' registered by Lokayuktha Police Station, Belgaum against the petitioner on the basis of referral of the private complaint.

(3.) The brief facts leading to filing of the petition are that, respondent No. 1 filed a private complaint bearing No. 18/2012 on the file of the 4th Additional Sessions Judge, Belgaum alleging that petitioner being a public servant, during the period of his office, was in possession of property disproportionate to his known sources of income and as a public servant, would not be in a position to satisfactorily account for the pecuniary resources in amassing the said wealth and as such, he has committed criminal misconduct while holding such office and committed an offence under Sec. 13(1)(e) of the Prevention of Corruption Act, 1988 punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988 while holding such office. The 4th Additional Sessions Judge, Belgaum who is also a special Judge under the prevention of Corruption Act, by order dated 19.11.2012 had referred the complaint to the Superintendent of Police, Lokayuktha, Belgaum District for investigation under Sec. 156(3) of Code of Criminal Procedure 1973. Pursuant to which, the lokayuktha police, Belgaum registered FIR in Case No. 14/2012 for the aforesaid offences. Aggrieved by the same, petitioner has filed the above petition.