SRI S R VISHWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are heard and disposed of by this common order as the petitions are by the same petitioner in respect of successive proceedings by the same complainant.

(2.) The facts as stated are as follows. The petitioner is a said to be a member of the Karnataka Legislative Assembly from the Yelehanka constituency. It transpires that a private complaint, in PCR 28/2011 was said to have been filed by Respondent no.2 before the Court of Special Judge for cases under the Prevention of Corruption Act, 1988, (Hereinafter referred to as the 'PC Act', for brevity) dated 7.12.2011, against the petitioner and five others alleging the commission of offences punishable under Section 13(1)(e) of the PC Act and under Sections 419, 420,420 B, 169, 177, 409, 423 and 464 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity). The court below is said to have referred the complaint for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the 'CrPC', for brevity).

(3.) It is in the above background that the same complainant sought to file a second complaint as on 20.8.2013, reiterating the allegation that the petitioner had, while being employed with HAL, contested election to the Zilla Panchayath and was elected. Further, that the petitioner continued his employment with HAL, while also functioning as a Zilla Panchayath member and enjoyed the benefits of both positions. On the said complaint, the second respondent is said to have issued an endorsement that it did not disclose a cognizable offence, as per endorsement dated 16.9.2013.