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2020 Supreme(Kar) 1891

JOHN MICHAEL CUNHA
M. C. Vidyashankar S/o. M. P. Rama Bhat – Appellant
Versus
State of Karnataka Rep By Lokayukta Police Bangalore Rep By State Public Prosecutor Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri C.H. Jadhav, Sr. Advocate For Sri Chethan Jadhav, Advocate
For the Respondent:Sri Ashwin S Halady, Advocate

ORDER :

1. The petitioner against whom a charge sheet is laid by respondent No.1 Lokayukta police in Cr.No.31/2013 has presented this petition under section 482 Cr.P.C. seeking to quash the initiation of the proceedings in Spl.Case(Lok) No.1/2018 and also to quash the order taking cognizance against the petitioner for the offences punishable under sections 198 IPC and sections 8, 13(1) (c) r/w 13(2) of Prevention of Corruption Act, 1988.

2. The brief facts leading to the presentation of the above petition are as follows:-

    Respondent No.2 filed a private complaint before the Prl. District & Sessions Judge, Davanagere seeking prosecution of 19 accused persons for the alleged offences punishable under sections 198 IPC and sections 8, 13(1) (c) r/w 13(2) of P.C. Act on the allegations that the Davanagere Harihara Urban Development Authority had acquired 200 acres of land near Shyabannuru village and developed a layout by name J.H. Patel layout. Applications were invited for allotment of sites. Even though the petitioner was owning a land and a house and belonged to Brahmin community, he submitted an application under ‘reserved category’ and made a false declaration that he was not owning

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