K P CHAMPAKADHAMASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The facts of the case are as follows :- The petitioner is an employee of Karnataka Power Transmission Corporation Limited (hereinafter referred to as the 'KPTCL' for brevity) and is said to be the Executive Director of the KPTCL Employees Co-operative Society. Certain members of the Society are said to have filed a complaint before the Registrar of Co-operative Societies alleging acts of omission and commission by the petitioner, relating to the affairs of the society - in the formation of residential layouts in and around the city of Bangalore. The Registrar, in turn, had ordered an enquiry as on 28-10-2006 under Section 64 of the Karnataka Co-operative Societies Act, 1959 (Hereinafter called the 'KCS Act', for brevity), a Deputy Registrar was appointed as the enquiry officer. After a detailed enquiry a report was submitted absolving the petitioner and other office-bearers of any irregularity. Complaints were also said to have been filed before the High Grounds Police Station. The Police had, after an investigation concluded that the allegations did not constitute any offence under criminal law and directed the parties to approach a civil Court - by endorsements dated 8-6-2007. It transpires that the very same complainants have lodged similar complaints before the same Police Station as on 2-7-2007 and 13-10-2007. In spite of the earlier endorsements issued, the Police have registered criminal cases for alleged offences under Sections 504 and 420 of the Indian Penal Code in Crime No. 208/2007 and Crime No. 209/2007. Further the State Government through the Secretary, Home Department has by a Notification dated 1-2-2008 transferred the cases for investigation and further action to the Corps. of Detectives (Hereinafter referred to as the 'COD' for brevity). Pursuant to the same, notices having been issued to the petitioner by the COD, calling upon the petitioner to appear and produce certain documents - the present petition is filed.

(3.) It is contended on behalf of the petitioner that :