2018 Supreme(Kar) 1025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
BUDIHAL. R.B, J.
R. Ashoka - Appellant
Vs.
The State of Karnataka Home Department Vidhana Soudha Bengaluru-560 001 represented By Its Additional Chief Secretary and ors. - Respondent
Writ petition no.1775 of 2018 (GMRES) C/W 6464-6467, 2028, 11404 &
Criminal Petition NO.912 of 2018
Decided On : 25-09-2018
Advocate Appeared:
For the Appellant : Sri. B.V. Acharya, Senior Counsel A/W, Sri. Manu Kulkarni, Adv., Sri. Prasanna D.P., Adv., Sri. K. Suman, Adv.
For the respondents: Sri. Chetan Desai, HCGP, Sri. B.N. Jagadeesh, Adv., Sri. K. Govindaraj, Adv., Sri. P. Nehru, Adv., Sri. B.S. Prasad, Adv., Sri. Venkatesh P. Dalwai, Adv.
Headnote:
Constitution of India,1950 - Articles 226, 21 , 309 and 227 - Code of Criminal Procedure - Sections 482, 300, 319 and 197 - Prevention of Corruption Act, 1988 - Sections 13(1)(c) and 13(1)(d) r/w Section 13(2) - Indian Penal code, 1860 - Sections 420 and 120B - Right to Information Act, 2005 - Section 8 (1) (h) and Section 8(1)(g) - Karnataka Land Revenue Act, 1964 - sections 94A, 94B and 94C and 94CC - Evidence Act - Sections 40 to 43 - FIR - Accountant were arrested and remanded to police custody - Obtain undue political advantage - Alleging there were illegalities in regularization orders passed between Committee for regularization headed by petitioner accused - Alleged between petitioner accused was a Member of Legislative Assembly and consequently, was the chairman of Committee for regularization of unauthorized occupation - Committee consisted of Member of Legislative Assembly as its Chairman - Tahsildar as its Secretary and three other members nominated by the Congress Party which was the Government in power, for regularization of unauthorized occupation - Alleged in period between 18.8.1998 to 2007, applications have been considered and orders were passed without applying the applicable rules and regulations – Held, investigating officer to investigate as to are all persons involved in this scam and to collect material - Provisions of Criminal Procedure Code, it is power of Investigating Officer either to arraign some other persons as accused, if sufficient material is found during investigation against them or to drop names of some of the accused persons whose names are already there in the FIR, before filing charge sheet before Court - Court can invoke Section 319 of Cr.P.C. for arraigning some of the persons as accused if sufficient material is found against them - Simply because persons belonging to Congress party are also the members of the Committee and their names are not included in complaint and FIR, complaint and FIR as against the petitioners cannot be quashed - provisions of the Prevention of Corruption Act, 1988 are also alleged - Lordships’ of observed investigation is not completed, quashing of investigation and proceedings by invoking Section 482 of Cr.P.C. is not proper. Considering both legal and factual aspects of the matter – Court opinion Court cannot quash the proceedings in cases by invoking Articles 226 and 227 of Constitution of India r/w Section 482 of Cr.P.C - Petitions are dismissed
1. The writ petitions are filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying to issue writ of certiorari or any other appropriate writ, order or direction and Criminal Petition is filed under Section 482 of the Code of Criminal Procedure., both by the petitioners accused seeking to quash the complaint dated 3.1.2018 and FIR in Crime No.5/2018 dated 8.1.2018 registered by the respondent Anti Corruption Bureau and all further proceedings in pursuance to FIR dated 8.1.2018.
Since the factual and legal aspect involved in all the above writ petitions are one and the same, they are taken together to dispose of them by this common order in order to avoid repetition of facts and law.
2. The sum and substance of the case of the petitioner accused No.1 in W.P.No.1775/2018 is that one A. Anand, S/o Arasappa has filed a complaint on 3.1.2018 before the respondent Anti Corruption Bureau alleging that there were illegalities in regularization orders passed between 1998 and 2007 by the Committee for regularization headed by the petitioner accused No.1. It is alleged that between 18.8.1998 and 2007, petitioner accused No.1 was a Member of the Legislative Assembly and consequently, was the chairman of the Committee for regularization of unauthorized occupation. The Committee consisted of Member of the Legislative Assembly as its Chairman, the Tahsildar as its Secretary and three other members nominated by the Congress Party which was the Government in power, for regularization of unauthorized occupation. It is alleged that in the period between 18.8.1998 to 2007, applications have been considered and orders were passed without applying the applicable rules and regulations. In order to benefit others, applications of financially well placed persons and those owning agricultural lands have also been considered. From 19982007, those who have considered the applications as well as those whose applications have been allowed are leaders, workers or members of BBMP, all of whom belong to the Bharatiya Janatha Party. In paragraph No.13 of the complaint, it is further alleged that the then revenue officers named in paragraph 13, have not correctly examined the documents and have deliberately provided wrong information to the Committee. Complaint was received on 3.1.2018; a preliminary enquiry was conducted between 3.1.2018 and 6.1.2018 and that report of the preliminary investigation was submitted to higher authorities on 6.1.2018 and that as per the order of the higher authorities, the FIR is registered at 11.00 a.m. as Crime No.5/2018 under Sections 13(1)(c) and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 further read with Sections 420 and 120B of the Indian Penal code, 1860. Pursuant to the registration of FIR, some of the accused namely, Sri. Ramachandraiah the then Tahsildar, Sri. Gavigowda the then Revenue Inspector, Sri. Chowdareddy, the then Revenue Inspector and Sri. Shashidhar the then Village Accountant were arrested and remanded to police custody. Press release dated 9.1.2018 issued by respondent No.2 containing the information with regard to the registration of FIR as well as arrest of the accused is as per Annexure ‘C’. The allegations in the complaint are false, frivolous and vexatious. The complaint has been filed with an oblique motive to harass the petitioner and obtain undue political advantage. The complaint is engineered by the ruling Congress Party with ulterior motives and for extraneous considerations as will be clear from the subsequent averments. Congress Party of the State which came to power in May 2013 has been trying to malign the petitioner–accused No.1 since he is one of the top leaders of the BJP who held the position of Deputy Chief Minister of the State when the BJP was in power. It is learnt that on 27.5.2013, T.R. Srinivas, President, Bangalore Metropolitan District Congress Committee filed a complaint before t