IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANAND BYRAREDDY, J.
Smt. Usha R. Patwari, Wife of R.V.Patwari – Petitioner
Versus
The Karnataka Lokayuktha, Represented by its Deputy Superintendent of Police – Respondent
CRIMINAL PETITION No.816 OF 2014 CONNECTED WITH WRIT PETITION No.9733 OF 2016 (GM-RES)
Decided On : 14-09-2016
Criminal Procedure Code,1973 - Sections 2(h),154,156 and 157 - Prevention of Corruption Act, 1988 - Sections 12, 13(1)(d) and 13(2) ,17,13(1)(e) – Quash of FIR – Charge Sheet - Government of Karnataka, through the Women and Child Welfare Department is said to have formed an Integrated Child Development Scheme for supply of nutritious food to young children teenaged girls and pregnant women - Central Government was also said to be funding Scheme - It transpires there was an agreement with a private entity M/s Christie Fried Grams Industries who was exclusive supplier of food - It was claimed in an anonymous complaint that Director of Department one Joint Director one who is petitioner in and Assistant Director one petitioner in petition in were all being paid huge amounts of bribe to enable above said supplier to palm off sub-standard goods - Whether a cognizable offence is made out - Whether police has discretion to conduct preliminary enquiry -Whether given in writing or reduced to writing as aforesaid in a book prescribed by state in that behalf - Officer-in-charge has not escape from doing so if offence mentioned therein is a cognizable offence and whether or not such offence was committed within limits of that police station - Whether on basis of alleged incriminating material said to have been unearthed on search conducted on in houses of each of petitioners – Held Criminal Procedure Code in laying down comissions or irregularities which either vitiate proceedings or not does not anywhere specifically say that a mistake committed by a police officer during the course of the investigation can be said to be an illegality or irregularity - Investigation is certainly not an inquiry or trial before court and the fact that there is no specific provision either way in Chapter XLV with respect to omissions or mistakes committed during course of investigation except with regard to holding of an inquest is k in our opinion a sufficient indicating that legislature did not contemplate any irregularity in investigation as of sufficient importance to vitiate or otherwise form any infirmity in inquiry or trial - Court and on basis of said crime another case is registered and hence it has to be quashed is not tenable - It is contended that if for example on basis of a complaint for theft a case is registered and during course of investigation of said offence investigation officer comes across information that accused person has also committed murder - At that point of time investigation officer has to register a FIR for offence of murder. If investigation conducted for offence of theft if found illegal and has been quashed on any of grounds but during course of investigation a heinous offence of murder comes to light registering a crime for said offence is not illegal and it is a separate crime - Writ Petitions are allowed
These petitions are heard and disposed of together as they give rise to a common question of law.
2. The facts are said to be as follows.
The Government of Karnataka, through the Women and Child Welfare Department is said to have formed an Integrated Child Development Scheme, for supply of nutritious food to young children, teenaged girls and pregnant women. The Central Government was also said to be funding the Scheme. It transpires there was an agreement with a private entity, M/s Christie Fried Grams Industries, who was the exclusive supplier of the food. It was claimed in an anonymous complaint that the Director of the Department, one Shamala Iqbal, the Joint Director, one Usha Patwari, who is the petitioner in Crl.P. 816/2014 and the Assistant Director, one Muniraju, the petitioner in the petition in WP 9733/2016 were all being paid huge amounts of bribe to enable the above said supplier to palm off sub-standard goods. It is on information thus received that an FIR in Crime no.20/2012 is said to have been registered on 8-3-2012 by the respondent -Police for offences punishable under Sections 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (Hereinafter referred to as the ‘PC Act’, for brevity). It is said that in the course of investigation and search conducted on 9-3-2012, it was claimed that incriminating material was said to have been found, that disclosed that both the above said petitioners had amassed wealth disproportionate to their known sources of income.
The matter was said to have been investigated without a First Information Report being lodged in so far as Crime no.20/2012 was concerned. But after the alleged investigation, the Inspector of Police is said to have submitted a report, implicating Usha Patwari. The search conducted at the house of the petitioner on 9-3-2012, was pursuant to the registration of Crime no.20/2012. Thereafter, there was no other investigation conducted by the respondent -police. However, the police are said to have registered a case for an offence under Section 13(1)(e), as on 3-4-2012 in Crime no.28/2012.
Similarly, in the case of Muniraju, the petitioner in WP 9733/2016, on the basis of a source report said to have been prepared only on the information gathered at the search conducted on 9-3-2012, a case is said to have been registered in Crime no. 35/2012, for offences punishable under Section 13(1)(e) and 13(2) of the PC Act.
It is this action on the part of the respondent -police that is sought to be questioned as being contrary to the law laid down in L. Shankar Murthy v. Karnataka Lok Ayuktha Police, 2012 (5) Kar.LJ 545 and Girish Chandra v. Karnataka Lok Ayuktha Police, 2013 (5) Kar.LJ.470. It is asserted that it is the settled legal position that unless a First Information Report (FIR) is registered, the police cannot investigate a case. A Constitution Bench of the Apex Court in Lalita Kumari v. State of UP, (2013) 8 SCC 1, has settled the legal position in this regard.
It is further contended that entrustment of investigation under Section 13(1)(e) shall be to an officer designated under Section 17 of the PC Act and not to any other. In the present case on hand, there has been a violation in that regard as well, in a police inspector having conducted the search and investigation, instead of an officer not below the rank of a Deputy Superintendent of Police.
It is contended that in so far as Crime no.20/2012 is concerned, the same was subject matter of challenge by the petitioner and other accused therein, which was the subject matter of the final order dated 30-10-2015 in the petitions in WP 6225-26/2014 and connected cases, whereby the said proceedings were quashed. Yet another case in Crime no.25/2012, which was quashed along with the Crime no.20/2012, was on identical facts against one Shamala Iqbal as the first petitioner stands on the same footing in Crime no.28/2012, it is claimed that the same ought to be quashed on a parity of reasoning.
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