R.M. AJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. praying to grant the following reliefs:

(2.) The factual matrix of the case of the respondent/Lokayukta is that they have registered the FIR on 21/5/2020 in Crime No.17/2020 for the offences punishable under Ss. 7(A), 13(1)(a) read with Sec. 13(2) of the PC Act against the petitioner, who has been arraigned as accused No.2. This petition was filed to quash the FIR, which is marked as Annexure-A. The certified copy of the complaint in Crime No.17/2020 is produced as Annexure-B, so also the certified copy of the order sheet in Crime No.17/2020 is produced as Annexure-C.

(3.) The petitioner was working as Police Inspector, Central Crime Branch (CCB), Bengaluru City in the Economic Offences Wing. On 30/3/2020, the first information was filed before Banaswadi PS as against one Surush and others alleging the commission of offence under Sec. 420 of IPC in regard to manufacture of N-95 Mask in their lab with fake seal and certifications to provide standardization for the said mask. Pursuant to the said first information, a case in Crime No.164/2020 was registered by Banaswadi PS and the same was transferred to CCB by the order passed by the Commissioner of Police, Bengaluru City. It is the case of the prosecution that one Sri. Guruprasad-Police Inspector was appointed as Investigating Officer of Crime No.164/2020 and investigation was taken up. When such being the case, the Joint Commissioner of Police, Crime-I, Head of the Central Crime Branch, addressed a letter to the respondent No.2 alleging that the petitioner and one Sri.Prabhu Shankar, ACP, CCB have obtained illegal gratification to close the case in Crime No.164/2020. Based on the same, respondent No.2 herein recorded a statement on 12/5/2020 and started enquiry into the matter. Based on the said alleged statement made by Sri. Shaji George on 12/5/2020, respondent No.2 addressed a letter to respondent No.3 to take action against the petitioner and Sri. Prabhu Shankar, ACP, CCB. Pursuant to the same, the Cottonpet PS based on the said alleged statement made before the respondent No.2 and on the basis of communication made by the respondent No.2, have registered an FIR against the petitioner in Crime No.63/2020 arraigning him as an accused for the offences punishable under Sec. 384 read with Sec. 34 of IPC. A copy of FIR and complaint in Crime No.63/2020 are produced as Annexures-D and E. However, based on the communication made by respondent No.2 to the respondent No.3 i.e. Deputy Superintendent of Police, ACB submitted a request to the learned XXIII Addl. City Civil and Sessions Judge, Bengaluru City requesting the Court to permit him to carryout investigation in respect of the aforementioned offences. Respondent No.1/Police, in respect of the same incident and factual matrix, has registered the case in Crime No.17/2020 dtd. 21/5/2020 invoking the provisions for the offences punishable under the PC Act. It is also the case of the prosecution that Shaji George, who is alleged to have stated that to assist the accused Surush in Crime No.164/2020, he approached one Sri. Amjad. The said Shaji George contacted the petitioner herein who promised that he would coordinate with accused No.1/ACP-Prabhu Shankar and requested for an amount of Rs.25.00 lakhs to drop him from the said case. That on 30/3/2020 and 31/3/2020, the said Amjad deposited Rs.5,00,000.00 each and on 7/4/2020, the said Surush deposited an amount of Rs.5,00,000.00 to the account of Shaji George. It is alleged that between 31/3/2020 and 9/4/2020, the said amount was handed over to the petitioner/accused No.2 on various dates.