S. JAGANNATHA Vs. JUSTICE SUBRAY RAMA NAYAK

JUDGEMENT

(1.) This revision petition is filed under section 397(1) r/w. section 401 of Crimial P.C. questioning the correctness and legality of the order dated 22.3.2016 passed by the XXIII Addl. City Civil and Sessions Judge, Special Judge, Bengaluru Urban District, (CCH.24), Bengaluru, refusing to take Cognizance of the alleged offence punishable under section 13(1)(d)(i), (II), (III) & 2 of Corrected Inserted and page No.2 has been replaced vide chamber order dated 26.12.2016 Prevention of Corruption Act 1988 and for not referring the complaint to the Karnataka Lokayuktha Police Wing for investigation.

(2.) The facts leading to the revision petition are that the complainant namely the revision petitioner herein filed a private complaint under section 13(1)(d)(i)(II) and (III) & 2 of the Prevention of Corruption Act, 1988 read with sections 190 and 200 of the Crimial P.C. alleging that the respondent herein being a public servant got allotted a site bearing No.859/C on 8.11.2002 from the Karnataka State Judicial Department Employees House Building Cooperative Society Limited by suppressing the fact that two sites and a house bearing No.644 and 399 were already owned by the wife of the respondent within the city of Bengaluru.

(3.) Considering the allegations made in the complaint and the documents made available by the complainant, the learned Special Judge dismissed the private complaint by the impugned order. The reasoning assigned by the learned Special Judge finds place in para 14 of the impugned order which reads as under: