MAHADEVAPPA Vs. KARNATAKA LOKAYUKTA

JUDGEMENT

(1.) WHETHER the coming into force of the Karnataka Lokayuktha Act, 1984 (for short 'the State Act') has the effect of regulating the manner of investigation only in accordance with the provisions of the State Act, even in respect of the offences under the Prevention of Corruption Act, 1988 (for short 'the Central Act')? WHETHER the provisions of Chapter XII of the Code of Criminal Procedure ('Cr.P.C.' for short) are inapplicable to the investigation of the offences under the Central Act, by the Police Inspector of the Lokayuktha, and thirdly, are the Police Officers of the Lokayuktha prevented from registering the case suo motu in respect of the offences under the Central Act and finally, whether the procedure followed by the Lokayuktha police in invoking the provisions of Chapter XII of the Cr.P.C. for the purpose of investigation under the Central Act, is contrary to the very provisions of the State Act, and thus amounts to an abuse of the process of law.

(2.) THESE are the questions of great importance which have been raised in this petition under Section 482 of the Cr.P.C. and they call for an answer from this court.

(3.) THE first and foremost ground urged is that the Lokayuktha police have no power to initiate proceedings under the Central Act and, therefore, exercising of the suo motu power by R-2 is in derogation of the provisions contained in the State Act.