These petitions are heard and disposed of together as the legal issue that arises for consideration is the same.

2. The facts of the case in Crl.P.2006/2014 and Crl.P.2005/2014 are stated to be as follows:

The petitioners are said to be arrayed as accused no.2 & 3 and 4 & 5, respectively, in a pending case before the Court of the Special Judge and the Principal District and Sessions Judge, Hassan, in PCR 45/2013.

The petitioners in the first of these petitions are said to be working as engineers and the petitioners in the second petition are said to be the Commissioner and Assistant Engineer, respectively, in the Hassan Urban Development Authority. It is alleged that they had failed in their duty in not preventing one Shivabasavaiah to encroach upon a public road and having put up construction. Thus, it was alleged, that there was dereliction of duty and was an offence under the provisions of the Prevention of Corruption Act, 1988. (Hereinafter referred to as the ‘PqC Act’, for brevity). In this regard, on the basis of a complaint, alleging the above circumstances, the Special Judge is said to have directed the Investigating Officer, Lok Ayukta Police to investigate and report. Thereupon a First Information Report (FIR) is registered. The legality of the said proceedings is questioned on the ground that reference of a case for investigation by the Court under Section 156(3) of the Code of Criminal Procedure, 1973, (Hereinafter referred to as the ‘CrPC’, for brevity), without a prior sanction is impermissible and illegal.

In the writ petition in WP 52901/2013, the facts as stated are that one Annappa had lodged a private complaint before the District and Sessions Judge and Special Judge under the Prevention of Corruption Act, Hassan, against the petitioner alleging offences punishable under Section 13(1)(c) and (d) read with Section 13(2) of the PC Act and Sections 409,420 read with Section 149 of the Indian Penal Code, 1860 (Hereinafter referred to as the ‘IPC’, for brevity). That the petitioner who was the Commissioner, Urban Development Authority, Hassan, was guilty of dereliction of duty and of having aided and abetted two individuals in putting up construction in gross violation of sanctioned plans and in encroaching upon a public road.

The Special Judge is said to have referred the complaint for investigation by the Lokayuktha Police, in terms of Section 156(3) of the CrPC, which is sought to be challenged on the ground that there was no prior sanction, to have enabled the court to take any such measure.

3. In the writ petitions in WP 27692 and 27693 of 2015, the facts as stated are, that the petitioners are public servants against whom a private complaint is said to have been lodged before the District and Sessions Judge and Special Judge under the Prevention of Corruption Act, Shimoga, of having facilitated the Puttige Mutt to illegally occupy forest land. The court having directed investigation by the police, in terms of Section 156(3) of the CrPC, the present petition is filed challenging the said proceedings.

4. In the petition in Crl.P.999/2015, the facts as stated are, the petitioners are said to be employees of the Karnataka Milk Federation (KMF) working in the cadre of Director and Additional Director. They are accused of irregularities in the procurement of raw materials used in the manufacture of cattle feed especially cotton de-oiled cake. There were also allegations of the commission of offences punishable under Sections 7,8 and 9 of the PC Act and Sections 403, 405, 409, 171-B and 166 of the IPC. There were three other accused along with the petitioners. On a private complaint alleging as above, the District and Sessions Judge and the Special Judge for Prevention of Corruption Act, has directed the Lokayuktha Police to investigate and report in terms of Section 156(3) of the CrPC. The same is questioned on identical grounds as in the other petitions above.

5. Heard the learned Senior Advocate Shri Subramanya