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2015 Supreme(Kar) 1112

RATHNAKALA
M. P. Renukacharya – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellant : Hashmath Pasha, Adv.
For the Respondents: Venkatesh P. Dalwai, Spl. P.P.

ORDER :

Rathnakala, J.

1. Aggrieved by the order of the Special Court for Lokayuktha at Davangere in P.C.R. No. 2/15 in referring the complaint for investigation to the Superintendent of Police, Lokayuktha, Davangere, under Section 156(3) of Cr.P.C. vide order dated 2.5.2014 at Annexure-A, the petitioners/accused are before this Court.

2. The complainant/second respondent sought indulgence of the Court to take cognizance of the offence punishable under Sections 13 and 13(1)(d) and (e) of the Prevention of Corruption Act and for the offences punishable under Sections 120-B and 420 of IPC and such other offences punishable under the provisions of the Indian Penal Code against the accused/petitioners herein.

3. It is apparent from first page of the complaint itself that the complaint was presented directly to the Court on 2.5.2014 and on the very same day, the order of reference as at Annexure-A is passed.

4. Sri. Hashmath Pasha, learned Counsel appearing for the petitioners submits that, the order of the Special Court in referring the matter for investigation is basically perverse and in violation of the dictum of the Apex Court in the matter of Mrs. Priyanka Srivastava and Another v. St













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