D KRISHNAPPA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) IN this petition the petitioner has prayed for quashing the charge-sheet and the proceedings in Special Case No. 20/05 pending on the file of the City Civil and Sessions Judge at Bangalore.

(2.) PETITIONER was working as sub-Registrar in the Government of Karnataka. On 8-3-2000, the respondent-Lokayuktha Police conducted a search on the residence of petitioner and registered a case in Crime No. 9/2000 for the offences punishable under Section 13 (1) (e)and 13 (2) of Prevention of Corruption Act, 1988. Initially, the investigation was entrusted to a Deputy Superintendent of Police by name sri. A. L. Desai vide order dated 7-3-2000. On transfer of the investigation Officer Sri. A. L. Desai, the further investigation was entrusted to another Deputy Superintendent of police by name Sri. S. B. Yarazarvi vide order dated 26-12-2000. Thereafter, on transfer of the Sri. S. B. Yarazarvi, the further investigation was entrusted to Sri D. S. Rajendra a police inspector vide order dated 18-12-2002. The respondent-Police after completing the investigation filed a charge sheet on 8-3-2005 before the City Civil and Sessions Judge at bangalore in C. C. No. 2/05. Aggrieved by the filing of charge sheet and initiation of proceedings in C. C. No. 2/05, the petitioner is before this Court under Section 482 of Cr. P. C.

(3.) SRI. M. S. Bagawat learned counsel for the petitioner contends that the order dated 18-12-2002 entrusting the further investigation to Sri. D. S. Rajendra-Police Inspector is not a reasoned order and the same is contrary to the law declared by this Court and the Apex court. He further contends that there is a delay of more than 5 years in filing the charge sheet by the respondent-Police and the same has resulted in untold misery, mental-torture and the same has caused prejudice. After filing charge-sheet on 8-3-2005 and during the pendency of this petition, the petitioner retired from service and therefore the proceedings are liable to be quashed. Reliance is placed on the following decisions :- (1) State of Madhya Pradesh v. Mubarak all, reported in AIR 1959 SC 707. (2) Munnalal v. State of Uttar Pradesh, reported in AIR 1964 SC 28. (3) State of Karnataka v. B. Narayana reddy, reported in 2002 (2) KLJ 80 : 2002 air - Kant HCR 425 (4) State of Andhra Pradesh v. P. V. Pavithran, reported in 1990 (2) SCC 340: AIR 1990 SC 1266 (5) P. A. Vijayan v. State of Karnataka, reported in ILR 2002 Kar 1190 : 2002 AIR- Kant HCR 123 (6) State of Haryana and others v. Bhajanlal and others, reported in 1992 Supp (1) SCC 335 : AIR 1992 SC 604 (7) Raj Deo Sharma v. State of Bihar, reported in 1998 7 SCC 507 : AIR 1998 SC 3281 (8) An unreported judgment in Criminal petition No. 2071/2000 disposed on 24-2-2006.