IBRAHIM SHARIEFF Vs. STATE BY LOKAYUKTHA POLICE

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.4 being aggrieved by the order dated 21.08.2018 passed by the LXXVI Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-77) in Spl.C.No.410/2016, whereunder, the application filed under Section 227 of Cr.P.C., was rejected.

(2.) I have heard the learned counsel for the petitioner/accused No.4 and the learned Standing counsel for the respondent - Lokayuktha.

(3.) Before considering the submissions made by the learned counsel appearing for the parties, the gist of the case of the prosecution is that, accused Nos.1 to 4 while working in the Institute of Animal Health and Veterinary Biological, Hebbal, Bengaluru, during the period from 27.06.2007 to 20.09.2012 colluded each other and misappropriated a sum of Rs.1 crore belonging to the Institution by violating the provision of Section 56(1) of the Karnataka Animal Health and Fisheries Science University Act and have deposited an amount in the Nationalized Bank, instead of investing Rs.1.33 crores in UTI Mutual Funds, for which, accused No.1 has advised through accused No.2 and approval has also been obtained and thereafterwords, Rs.1.33 crores is deposited in UTI Mutual Funds. In doing so, the accused persons have caused loss to the Department to the tune of Rs.84 lakhs and they being the public servants have committed breach of trust and mis-utilized the amount to the extent of Rs.84 lakhs and caused loss to the Institution. It is investigated and charge sheet has already been filed. Thereafter, an application under Section 227 of Cr.P.C., has been filed by the accused persons. The trial Court, after considering the said facts and circumstances, has rejected the said application. Being aggrieved by the same, accused No.4 is before this Court.