1. The legality and correctness of the order passed by the Special Judge for Lokayukta Cases, Bangalore City in P.C.R. No.18/2011 referring the complaint of the second respondent for investigation and to report, to the Superintendent of Police, Karnataka Lokayukta, Bangalore Urban, under Section 156(3) of Cr.P.C. is called in question in these petitions.

2. We have heard Mr.Uday Lalith, learned Senior counsel for the petitioner.

3. The facts leading to this case are as hereunder;

Second respondent – Y.S.V. Datta is a sitting MLC. He presented a complaint under Section 200 of Code of Criminal Procedure, 1973, before the Special Judge for Lokayukta Cases, Bangalore City. The said complaint came to be registered as P.C.R. No.18/2011, in which it is alleged that the petitioner has committed the offence of criminal misconduct under Section 13(1)(d) of Prevention of Corruption Act, 1988 punishable under Section 13(2) of the aforesaid Act.

It is alleged in the complaint that the petitioner as a Chief Minister of State of Karnataka and Chairman of Karnataka Neeravari Nigam by abusing his official position as a public servant has illegally exercised favouritsm for pecuniary gain and accepted higher tender of Rs.1,032 crores of RNS Infrastructure Limited against the lowest tender of Kirloskar Brothers Limited of Rs.1,025 crores, Rs.1,020 crores and Rs.1,006 crores alternatively. It is further alleged in the complaint that RNS Infrastructure suffered lack of qualification and was black listed by Himachal Pradesh Electricity Supply Co., for the period 15.2.2007 till 14.2.2012, which fact was within the knowledge of Karnataka Neeravari Nigam Ltd. It is further alleged that M/s. Murudeshwara Power Corporation, a registered Company in Karnataka under Companies Act, is a sister concern of RNS Infrastructure and that illegal gratification of Rs.2 crores and Rs.11 crores respectively, have been paid by RNS Infrastructure through his sister concern M/s.Murudeshwara Power Corporation to M/s.Sahyadri Health Care and Diagnostic Pvt. Limited and M/s.Devalagiri Properties Pvt. Ltd., which companies are owned by two sons of the petitioner byname B.Y.Vijayendra, B.S.Raghavendra and son-in-law R.N.Sohankumar and another person by name B.S.Ashwathkumar. Alleging that illegal gratification has been received by the petitioner from the sister company of RNS Infrastructure through the aforesaid companies of his kith and kin, a private complaint was lodged with a prayer a) to refer the matter to Superintendent of Police, Office of Lokayukta, Bangalore City, Bangalore for investigation and to report under Section 156(3) Cr.P.C. b) to take cognizance of the offence, either on investigation report u/S. 156 (3) Cr.P.C. or on the complaint of the complainant after the adverse report under Section 156(3) Cr.P.C. in accordance with law, for the offences of criminal mis-conduct under Section 13(1)(d) of Prevention of Corruption Act and punish him under Section 13(2) of Prevention of Corruption Act in accordance with law.

The learned Special Judge after receiving the complaint on perusal of the complaint and on hearing the learned counsel for Respondent No.2, referred the complaint for investigation to the Superintendent of Police, Karnataka Lokayukta, Bangalore Urban under Section 156(3) Cr.P.C. by his order dated 8.8.2011.

The legality and correctness of the order passed by the Special Judge, referring the complaint of the second respondent under Section 156(3) of Cr.P.C. is called in question in these petitions.

4. Though several grounds are urged in these writ petitions at the time of arguments, Sri.Uday Lalit, learned senior counsel submitted that he would confine his arguments only in regard to the Jurisdiction of the Special Judge invoking the Provision of Section 156(3) Cr.P.C. and further requested the Court to not to consider the case of the petitioner on merits. Therefore, in the light of the submission made by the learned senior counsel, we