Point of law: Prevention of corruption - where the public servant had abused the office, which he held in the check-up period, but had ceased to hold "that office" or was holding a different office, then sanction would not be necessary

ORDER :

1. This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the complaint dated 21.04.2017 pending on the file of IX Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru; FIR in Crime No. 6/2017 dated 02.06.2017 registered by the respondent-ACB, Bengaluru Rural District, for the offence punishable under Sections 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 (for short ‘the PC Act’) also the order of taking cognizance dated 19.01.2019 for the above offence and charge-sheet in Spl. C. No. 9/2019 for the above offence and to consequently, quash all further proceedings thereto.

2. The factual matrix of the case is that respondent No. 2 had lodged the complaint before respondent No. 1-Police making the allegation that based on the application dated 02.01.2016 submitted by M/s Fortius Land Developers L.L.P. the Vishwanathapura Gram Panchayat, Devanahalli Taluk, in its meeting on 08.01.2016 and 11.03.2016 had decided to write a letter to Panchayat Development Officer and to seek permission and thereafter, to take necessary steps. It is also alleged that under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and Karnataka Panchayat Raj (Acquisition of Moveable and Immoveable properties by Gram Panchayat) Rules, 1996 permission has to be sought from the Taluk Panchayat. It is also alleged in the complaint that an endorsement has been given by the Executive Officer stating that no such proposal was placed before the Taluk Panchayath, Devanahalli. It is further alleged that accused No. 1 by abusing his office has taken the decision to allot the CA sites No. 1 and 2 formed in Sy. No. 64 and Sy. No. 12 situated at Bommanavara Village and Badraramanahalli Village within the limits of Devanahalli Taluk as such the State Government vide its order dated 21.04.2017 directed the respondent-Police to register FIR for the above offences.

3. In pursuant to the direction, the police have registered the case, investigated the matter and filed the charge-sheet and jurisdictional Trial Court taken the cognizance for the offences and issued the summons to the petitioners and the said case was registered as Spl. C. No. 9/2019. Petitioner No. 1 has been arraigned as accused No. 2 and petitioner No. 2 has been arraigned as accused No. 3 in the charge-sheet.

4. It is the contention of the petitioners herein that in pursuance of the requisition given by M/s. Fortius Land Developers L.L.P. for a lease for the purpose of club house, that on 04.01.2016, Special meeting was called and convened on 08.01.2016. The members, who had participated in the Panchayat took the decision unanimously to take necessary approval from Taluk Panchayat before proceeding further in the matter. It is also contended that notice was issued on 03.03.2016 regarding convening of the General Meeting on 11.03.2016 and in the said meeting, it was decided to take further steps in relation to allotment of Civic Amenity Sites only after taking the approval of the Taluk Panchayat. In the light of the resolution dated 11.03.2016, the Panchayat Development Officer by the communication dated 25.05.2016 sought approval of the Taluk Panchayath. The notice of the Special meeting dated 25.05.2016 was served upon the members of the Village Panchayat calling them to attend the meeting convened on 28.06.2016. In the said meeting, Panchayat decided to take up the said subject along with other subjects and it was decided to act in accordance with approval to be granted by the Taluk Panchayat.

5. It is further contended that the Panchayat Development Officer vide communication dated 20.07.2016 once again forwarded the proceedings of the meeting dated 28.6.2016 seeking approval of the Taluk Panchayat, which through its Chief Executive Officer-accused No. 1 issued a memorandum dated 28.07.2016 permitting the Vishwanathapura Gram Panchayat to execute the lease deed subject to the condition that deposit amount shal