Y B NAGABHUSHAN Vs. KARNATAKA LOKAYUKTHA

JUDGEMENT

(1.) Heard Shri M.S. Bhagwat, learned advocate for the petitioner, Shri B.S. Prasad, learned advocate for Lokayutha and Shri Ravi Shankar, learned advocate for respondent No.2.

(2.) This petition is filed challenging FIR No.14/2013 registered by Lokayutha Police alleging that petitioner, a Motor Vehicle Inspector had demanded illegal gratification.

(3.) Shri Bhagwat, learned advocate for the petitioner submitted that on 18.09.2013, at 11:25 a.m., petitioner while on duty on the National Highway 13, near G.R. Halli, Chitradurga, inspected a vehicle bearing No.KA-04-AA-9657 and prepared an investigation report alleging inter alia that driver had failed to produce weight slip in compliance with Sections 113 and 114 of Motor Vehicle Act, 1988; that there was excessive load in the Lorry which was unsafe and endangered road users. Accordingly, the driver of the vehicle was called upon to produce actual weight of the consignment. Thereafter, the driver (respondent No.2) lodged a complaint to the Lokayuktha Police at 14:00 hours stating that RTO Officer had demanded illegal gratification. A trap was laid on the same day and it was unsuccessful. A panchanama was drawn at 18:30. As trap was unsuccessful, amount smeared with phenolphthalein powder was returned to the complainant. On the following day, a seizure mahazar was drawn and certain documents were seized.