ORDER :

This revision petition is directed against the order dated 25.07.2016 passed by learned XXIII Addl. City Civil and Sessions Judge and Special Judge, Bengaluru(CCH-24) in PCR No.23/2011 dismissing the complaint filed by the petitioner/complainant.

2. The petitioner herein presented a private complaint under section 200 Cr.P.C. requesting the court to take cognizance of the offences punishable under sections 7, 10, 13 and 15 of the Prevention of Corruption Act, 1988(for short ‘P.C. Act’) against nine named accused persons who are arrayed as respondent Nos.1 to 9 in the instant petition. The Special Judge referred the complaint for investigation by the Superintendent of Police, Lokayukta, Bangalore Urban under section 156(3) of Cr.P.C. After investigation, final report was submitted before the Special Judge on 21.05.2012.

3. In the final report, respondent Nos.1 to 9(original accused Nos.1 to 9) were dropped as no evidence could be collected against them and the charge sheet was filed against respondent No.10 and 11 herein namely Sri. B.S. Yeddiyurappa and Sri. Katta Subramanya Naidu, arraigning them as accused No.1 and 2.

4. In the charge sheet, it was alleged that during the course of investigation, the Investigating Officer received records from different departments and ascertained that respondent No.10 viz., Sri. B.S. Yeddiyurappa, the Ex-Chief Minister, Karnataka illegally de-notified Sy.Nos.124, 125 and 126 totally measuring 20 acres of Hoovinayakanahalli village, Jala Hobli, Bengaluru North Taluk which was notified under section 28(1) of KIAD Act, 1966, despite the observations of the Officers i.e., Under Secretary, Joint Secretary and Additional Secretary of Commerce and Industries Secretariat, Government of Karnataka that the said land cannot be denotified and directed to pay betterment charges and on his own decision with an intention to help the owners released the above land from acquisition proceedings by forfeiting service fee of Rs.2,64,00,000/-and development fee of Rs.6.00 crores by misusing his official position and thereby caused loss to the State Exchequer and thus committed offences punishable under section 13(1) (d) sub-clause (1) and (3) r/w 13(2) of P.C. Act. In the said charge sheet, Sri. Katta Subramanya Naidu, the then Minister for Large and Medium Scale Industries (respondent No.11 herein) was also charge sheeted on the allegations that Sy.No.13/2 measuring 2 acres 8 guntas belonging to Sri. K.M. Ranganna and Sy.No.13/3 measuring 1 acre 38 guntas belonging to Nagappa situated at Makanakuppe village, Nelamangala Taluk were notified for acquisition under section 28(1) of Karnataka Industrial Area Development Act(for short ‘KIAD’ Act). The final notification under section 28(4) of Land Acquisition Act was issued on 27.02.2007. The land was acquired in the year 2007 and was granted to M/s.Sudarshan Extrusions Company. During the investigation, on verification of the documents obtained from Forest, Ecology and Environment Department, Government of Karnataka, Secretariat, Bengaluru, it was ascertained that when respondent No.11 was serving as Large and Medium Scale Industries Minister in 2007, the owners submitted an application to denotify the above lands and in this regard, when the officers of the Department wanted to take an opinion from the Industries Secretariat, before intimating the decision to CEO and EM, the then Minister Sri. Katta Subramanya Naidu took records to his office and without passing award to collect service and betterment fee from the land owners, released the disputed land from the land acquisition proceedings.

5. The notice of this Final report having been served on the petitioner viz., the complainant, he filed a memo requesting the Court to consider his objection statement and to order for a detailed probe as accused persons were seriously involved alongwith former Chief Minister Sri. B.S.Yeddiyurappa and Sri. Katta Subramanya Naidu in receiving illegal gratification by denotif