H S NAGABHUSHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are accused Nos.1 and 2 in Crime No.21/2014 registered under Sections 13(1)(c) r/w 13(2) of Prevention of Corruption Act, 1988 ('Act' for short). Based on the investigation, charge sheet has been laid against the petitioners for the above offences and matter is pending on the file of the II Addl. District and Sessions Judge, Tumkur in Spl.Case No.169/2016.

(2.) The petitioners have sought to quash the impugned proceedings mainly on three grounds. Firstly, FIR in the instant case was registered and the investigation was conducted by the very same officer contrary to the settled canon of justice which has caused grave injustice to the accused. Secondly, the Inspector of Police, who conducted the investigation and submitted the charge sheet was not authorized under Section 17 of the Act. Hence, the entire proceedings are vitiated. Thirdly, the allegations made in the charge sheet do not prima facie make out the ingredients of the offence under Section 13(1)(c) r/w 13(2) of the Act. In support of his submissions, learned counsel appearing for the petitioners has placed reliance on the decision of the Hon'ble Supreme Court in Megha Singh v. State of Haryana reported in AIR 1995 SC 2339 and the decision of this Court in the case of Sri C Murthyunjayaswamy v. State by Karnataka Lokayukta police reported in 2017(1) AKR 83.

(3.) Repelling the above submissions, learned standing counsel appearing for respondents has placed reliance on the decision of the Hon'ble Supreme Court in the case of Vinod Kumar v. State of Punjab reported in AIR 2015 SC 1206 and the notification issued by the Government of Karnataka authorizing all the Inspectors of Police, office of the Karnataka Lokayukta for the purpose of proviso to Section 17 of the Act.