IMPORTANT POINTS
Absence of entries in the General Diary concerning the preliminary enquiry would not be per se illegal.
Judgments cannot be interpreted like legislations. Have to be read in the context and background discussions.

JUDGMENT

N. V. RAMANA., J.

1. Leave granted.

2. These appeals are filed against the common order passed by the High Court of Karnataka at Bengaluru, in Writ Petition No (s). 21782, 38450, 38451 and 38498 of 2014, and Criminal Petition No. 7166 of 2015, wherein the High Court has quashed the proceedings instituted against the accused respondents.

3. There are two separate and distinct crimes alleged to have been committed by the different individuals. Therefore, we would like to note both set of facts so as to understand the issue at hand.

4. The first set of facts pertain to Crime No. 103/2013 registered under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 [PC Act] against one H. Srinivas (respondent in SLP (Crl.) No. 5391/2017). On 25.10.2013, Police Inspector, Karnataka Lokayuktha, Davanagere Division, submitted a Source Report against the Respondent/accused, who was working as Assistant Engineer, Jagaluru Pattana Panchayat, Davangere District, for having acquired disproportionate assets against his known source of income. It may be relevant to extract a part of the source report as under :

It is hereby stated that AE Sri. H. Srinivasa, Assistant Engineer, Town Panchayath, Jagaluru has earned only Rs. 17,25,000 from known source and his disproportionate asset is Rs. 24,54,30000 and the Percentage of Disproportionate asset is 142.27%. Presently AE residing at Jagaluru Town, J.C.R. Extension in the first floor of Khasim Miyya’s (owner of Grocery) house. This source report is submitted in order to file out more details about additional property details, gold, silver, and lockers in the person’s house, (2) and Assistant Engineer office, Town Panchayath, Jagaluru and (3) Smt. Gowramma’s sister Smt. Umadevi’s house at J.C.R. Extension. (emphasis supplied)

It is said that the aforesaid report was prepared basing on a secret information, received from an informant. The Superintendent of Police endorsed taking action against the respondent under Section 13(1)(e), 13(2) of PC Act. Thereafter, the Deputy Superintendent of Police, Karnataka Lokayuktha, Davanagere registered Crime No. 103/2013 u/Sec. 13(1)(e) r/w. Section 13(2) of the PC Act, dated 29.10.2013, against the Respondent herein. In the column No. 3(d) of the FIR, General Diary reference entry No and time is noted as ‘04 11:30 AM’. The State herein has not disputed the fact that there was no entry in the General Diary, during the conduction of the preliminary enquiry. It may not be out of context to note that after completion of the investigation, a Final Report was prepared and filed before the appropriate court. Aggrieved by the manner in which the police have conducted the investigation, the respondent herein, filed a Criminal Petition No. 7166 of 2015, before the Karnataka High Court.

5. The second set of facts reveals that on 21.07.2011, the Karnataka Lokayuktha Police, basing on a confidential information about amassing of the disproportionate assets by one C. Mrutyunjayaswamy (respondent in SLP (Crl.) No. 5606/2017), who was working as Secretary to Government, PWD, Vikas Saudha, Bengaluru, prepared a Source Report recommending investigation into the assets of the aforesaid accused. Superintendent of Police, Karnataka Lokayuktha, City Division, Bengaluru by Order No. LOK/INV(G)SP/CITY/01/2011, dated 21/07/2011 ordered his deputy to register a FIR. On the same date, a FIR being Crime No. 28/2011 was registered accordingly. On 2223.07.2011, the investigating team searched the office, residence, bank lockers and other places of the contesting respondents in this appeal [arising out of SLP (Crl.) No. 5606-09/2017]. On 07.05.2013, final Report was prepared after completion of the investigation, wherein disproportionate assets were observed. Being aggrieved C. Mruthyunjayaswamy filed a Writ Petition No. 21782 of 2014, before the High Court of Karnataka, seeking quashing of the preliminary investigation report dated 21.07.2011 submitted by the Police