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2016 Supreme(Kar) 364

ANAND BYRAREDDY
N. C. Shivakumar – Appellant
Versus
State by Lokayuktha Police, Hassan District, Represented by Special Public Prosecutor for Lokayukta – Respondent


Advocates Appeared:
For the Petitioner:Shri. C.R.Gopalaswamy, Advocate
For the Respondent: Shri. Venkatesh S. Arabatti, S.P.P

ORDER :

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





























































































































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