SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Kar) 196

JOHN MICHAEL CUNHA
A Alam Pasha W/O Late P. Ameer Saheb – Appellant
Versus
Murugesh R Nirani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. A.P.Mohanty, Advocate A/W Ms. Vijay Lakshmi, Advocate
For the Respondent:Sri. C.V.Nagesh, Sr. Advocate For Smt. Sanjanthi Sajan Poovayya, Advocate, Sri. C.V.Nagesh, Sr. Advocate For Sri. Sandeep Patil, Advocate, Sri. Ashok Haranahalli, Sr. Advocate For Sri. Manmohan P.N., Advocate, Sri. Aravind V. Chavan, Advocate

ORDER :

The short question that arises for consideration in this petition is,

    Whether the presentation of a fresh complaint under section 200 Cr.P.C. is barred on account of quashing of the earlier complaint filed against respondent No.2/public servant for want of sanction under section 19 of the Prevention of Corruption Act?

2. The outline facts necessary to answer the above question are that the petitioner herein filed a complaint under sections 190 and 200 of Cr.P.C., seeking action against the respondent Nos.1 to 4 for the alleged offences punishable under sections 418, 465, 468, 471 read with 120B of IPC and sections 13(1)(c), 13(1)(d)(ii) of the Prevention of Corruption Act.

3. The allegations against the respondents were that the respondents entered into a criminal conspiracy and forged documents purported to have been issued by the petitioner / complainant seeking to withdraw the approval granted by the High Level Clearance Committee for allotment of 26 acres of land to the complainant at Devanahalli Industrial Area, Bengaluru Rural District.

4. At the first instance, the complaint filed by the petitioner was registered in PCR.No.25/2012 and the same was referred for investigat

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top