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2013 Supreme(Kar) 352

High Court of Karnataka
ANAND BYRAREDDY, J.
M/s. Nandi Infrastructure, Corridor Enterprise Limited & Another
Versus
State by Lokayuktha Police, M.S. Building, Dr. B.R. Ambedkar Veedhi & Another
Writ Petition Nos. 45085-45086 of 2012 (GM-RES) c/w Writ Petition Nos. 45151 of 2012 (GM-RES), 45088-45089 of 2012 (GM-RES) in W.P. Nos. 45085-45086
of 2012
Decided on : 27-06-2013.

Advocate Appeared:
For the Petitioners:D.L.N. Rao, Senior Advocate for R.V.S. Naik for M/s. King & Partridge, Advocates. For the Respondents:R1, B.A. Belliappa, Advocate, Abraham T.J. Party-in-person.

Headnote:CODE OF CRIMINAL PROCEDURE, 1973 - Sections 203, 156 (3) & Section 482: [Anand Byrareddy, J] Complaint in nature of PIL - Complainant a private citizen seeking to bring to light alleged large scale illegalities and irregularities in formation of contract and execution thereof, pertaining to Bangalore-Mysore Expressway - Cases on earlier complaints on same issue already shut out by High Court - Plea of petitioner that he was in possession of additional documents - Held, In the absence of particulars as to documents which are said to throw new light on case, exposing alleged criminality of concerned, criminal court cannot be used as medium to test legality or otherwise of what may essentially be State action, in usual course of its business. Exercise of complainant bordered on abuse of process of court in approaching criminal court as an alternative. Court refused to interfere and Complaint was also held barred by principle of res judicata.

Judgment :-

1. These petitions are heard and disposed of by this common order, as the petitioners are commonly aggrieved and are seeking identical reliefs.

2. The petitioners are all challenging a private complaint dated 27-8-2012 filed by one T.J. Abraham, before the designated Court of the Special Judge, under the Prevention of Corruption Act, 1988 (Hereinafter referred to as 'the PC Act', for brevity), and an order passed by the said Court, dated 25.10.2012 referring the matter for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (Hereinafter referred to as 'the Cr.PC,' for brevity) and have also challenged a further Order of the same date, ordering attachment of property and monies, in exercise of power under Section 3 of the Criminal Law Amendment Ordinance, 1944 (Hereinafter referred to as 'Ordinance 1944' for brevity).

3. The petitioners are arraigned as Accused no. 3, 4, 13, 14 and 44. The Complainant has named a total of 104 persons as the accused. The gist of the complaint is as follows: The complainant is a private citizen seeking to bring to light alleged large scale illegalities and irregularities in the formation of the contract and the execution thereof, pertaining to the Bangalore - Mysore Expressway, otherwise known as the Bangalore Mysore Infrastructure Corridor Project (BMIC). The complaint is structured into Chapters 1 to 8. CHAPTER -1: Increase in extent of lands in the Frame work Agreement contrary to the Government Order dated 20.11.1995 It is alleged that Shri H.D. Devegowda, the former Prime Minister of India, during his tenure as the Chief Minister of Karnataka had, along with his cabinet colleagues, granted rights to a foreign led consortium headed by Baba Saheb Kalyani, Ashok Kheny and Richard Hangen, Accused No.3, 4 and 5, respectively, without verifying their antecedents and their personal financial strength and their capacity for arranging the promised investment of Rs.1,583 crore to implement the Bangalore Mysore Infrastructure Corridor (BMIC) project in Karnataka. The acts and decision of Accused No.1 had resulted in Accused 3, 4 and 5 plundering the wealth of Karnataka. It is alleged that since the Asian Development Bank (ADB) had refused to finance the same project as not feasible, during 1988, that private participation had become relevant. Accused No.1 and his Cabinet Colleagues had granted rights to Accused No.3, 4 and 5 based on the face value of Mr.William Weld, the then Governor of the State of Massachusetts, USA, A-2, who came to introduce Accused No.3, 4 and 5 in the name of strengthening the bilateral ties between the two countries. Accused No.1 has acted in sheer negligence and with non application of mind in granting the rights over 18,313 acres of land to the Accused No.3, 4 and 5. Subsequent to the issue of the Government Order of 20-11-1995 Maj.Ramesh and M.B. Prakash, IAS, A-6 and 7, respectively, in collusion with Accused No.3, 4 and 5, had prepared a Cabinet Note, illegally, concealing the increase of about 1,880 acres of land from what should have been 18,313 acres to 20,193 acres and presented it for approval before the then Cabinet headed by late Shri.J.H. Patel the then Chief Minister and his Cabinet Colleagues including Siddaramaiah, C.M. Udasi and R.V. Deshpande, A-10, 90 and 12, respectively. The increase of 1,880 acres brought about by Accused No.3, 4, 5, 6 and 7 was aimed at illegally acquiring lands at Bangalore in the name of building the Expressway. Accused No.10, 90 and 12 did not make any attempt to prevent the fraud, which amounted to abetment of the entire fraud perpetrated by Accused No.3, 4, 5, 6 and 7. Accused No.6 had entered into an agreement with Accused No.13 represented by Mr. Shivkumar Kheny, A-14, in respect of an extent of 20,193 acres fraudulently increased by Accused No.6 and 7 in collusion with Accused No.3, 4 and 5. It is alleged that the Government, represented by Accused no.1 and his Cabinet colleague Mr.Kaujalgi Accus














































































































































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