K. SOMASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Two charge sheets have been filed on 30/11/2013 and 03/09/2015 before the jurisdictional Sessions Court against Accused Nos.1 to 24 under Section 120-B r/w Sections 409, 420, 434, 447, 468, 471 and 379 of IPC and under Section 13(2) r/w 13(1) (c) and (d) of Prevention of Corruption Act, 1988, for causing loss of Rs.100.5 crores and Rs.13.11 crores respectively, to the Government and the learned trial Judge had taken cognizance of the offence, which is registered in Special C.C.No.6/2014. On obtaining permission from the trial Court, further investigation was conducted and supplementary charge sheet against other accused for the aforesaid offences was also filed, in respect of which, cognizance has been taken.

(2.) Petitioners (Accused Nos.1 and 15) sought for discharge contending that there was no acceptable prima facie allegation of conspiracy against them; there is no evidence as to the nature of crime, time and place entering into such agreement, duration of such agreement amongst others.

(3.) The crux of the argument canvassed on behalf of the petitioners i.e., Accused No.1 and 15 is that charge sheet would indicate offence is under Mines and Minerals (Development and Regulation) Act, 1957 [hereinafter, referred to as "the MMDR Act"] and except the above complaint filed under Section 22 of the MMDR Act by the authorities in this behalf, the Court can take cognizance of the said offence under the said Act only and to overcome said lacuna, prosecution has invoked the provisions of IPC and Prevention of Corruption Act, 1988 and as such, proceedings against petitioners may be quashed.