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2017 Supreme(Kar) 9

RATHNAKALA
Shylaja W/o V. Somanna – Appellant
Versus
Superintendent of Police Lokayukta – Respondent


Advocates Appeared:
For the Petitioners: Sri C.V. Nagesh, Sri. Murthy Dayanand Naik, Sri. H.S. Chandramouli, Sri. Hareesh Bhandary
For the Respondents: Sri. B.S. Prasad, Sri. P.N. Hegde

ORDER :

The Revision Petitioners being arrayed as accused persons in a private complaint filed by respondent No.2 are challenging the order of the Special Judge in taking cognizance of the offence and issuing summons to them.

2. Briefly stated, the second respondent filed a complaint against four accused persons. The First accused is the Former Deputy Chief Minister/Chief Minister of Government of Karnataka. The second accused is the wife of third accused, who is MLC and Former Minster of Government of Karnataka and the fourth accused is the landlord of the immovable properties, the de-notification of which was challenged in the complaint. The learned Special Judge referred the matter for investigation to the first respondent/Lokayukta Police. After investigation, the Investigating Officer submitted ‘B’ Final Report since there was no evidence/documentary proof in support of complaint allegation. The learned Special Judge rejected the final report and took cognizance in respect of the offences under Sections 406, 409, 420, 463, 464, 468, 471 read with Section 120B of the Indian Penal Code, Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act (‘the Act



























































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