V.JAGANNATHAN
Mahadevappa – Appellant
Versus
Karnataka Lokayuktha – Respondent
Jagannathan, J
Whether the coming into force of the Karnataka Lokayuktha Act, 1984 (for short 'the State Act') has the effect of regulating the manner of investigation only in accordance with the provisions of the State Act, even in respect of the offences under the Prevention of Corruption Act, 1988 (for short 'the Central Act')? Whether the provisions of Chapter XII of the Code of Criminal Procedure 'Cr.PC.' for short) are inapplicable to the investigation of the offences under the Central Act, by the Police Inspector of the Lokayuktha, and thirdly, are the Police Officers of the Lokayuktha prevented from registering the case suo motu in respect of the offences under the Central Act and finally, whether the procedure followed by the Lokayuktha police in invoking the provisions of Chapter XII of the Cr.P.C. for the purpose of investigation under the Central Act, is contrary to the very provisions of the State Act, and thus amounts to an abuse of the process of law.
2. These are the questions of great importance which have been raised in this petition under Section 482 of the Cr.P.C. and they call for an answer from this court.
3. The facts which have given rise to the above
(2000) 4 SCC 357 Raipur Development Authority vs Anupam Sahkari Griha Nirman Samiti (Ref) 13
1999 (4) KARLJ. 500 M. Maheshan vs State of Karnataka (Ref) 16
(1989) 1 SCC 101 Municipal Corporation of Delhi vs Gurnam Kaur (Ref) 17
AIR 2004 SC 3976 Vijay Shekhar vs Union of India (Ref) 18
AIR 1998 SC 2496 C. Rangaswamaiah vs Karnataka Lokayukta (Ref) 37
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