H. B. PRABHAKARA SASTRY
State of Karnataka by The Police Karnataka Lokayuktha Bangalore Rural Police Station – Appellant
Versus
T. Hanumanthaiah, S/o. Late Thimmaiah – Respondent
ORDER :
1. The complainant – State by Karnataka Lokayukta, Bangalore Rural Police Station, has filed this revision petition, challenging the order dated 24-01-2012, passed by the Court of the Principal Sessions Judge, Bangalore Rural District, Bangalore, (hereinafter for brevity referred to as “the Special Court”), in Special Case No.3/2010, allowing the application filed by the present respondent as an accused, under Section 227 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as "the Cr.P.C."), read with Sections 17 and 19 of the Prevention of Corruption Act, 1988 (hereinafter for brevity referred to as “the P.C. Act of 1988”), for the offence punishable under Section 13(1)(e) read with Section 13 (2) of the P.C. Act of 1988.
2. The summary of the case of the complainant in the charge sheet filed before the Special Court was that, the present respondent, a public servant, working as a Village Accountant at Kodigehalli Grama Panchayat, Bangalore North Taluk, Bangalore Rural District, during the check period from 03-09-1979 to 24-06-2006 was found to have had a total income of Rs.15,80,116/-from his all known sources of income and the expenditure was asse
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
The mandatory nature of the provisions under Section 17 of the PC act and the importance of fulfilling statutory expectations with due care and caution.
The main legal point established is that an investigation carried out by an officer not authorized under Section 17 of the PC Act is illegal and can lead to a serious miscarriage of justice.
Responsibility of the institution like the Lokayukta to curb the menace of corruption cannot also be ignored. Therefore, it is for the Lokayukta not to let loose any loophole, of the kind that is pro....
A Magistrate retains the power to order further investigation before trial commences, and dismissal of discharge petitions was justified as the petitioner failed to substantiate claims regarding inve....
The central legal point established in the judgment is the interpretation and application of Section 17A of the PC Act, 1988, which restricts the requirement of prior approval for initiating enquiry/....
(1) Offence under Prevention of Corruption Act is a substantive offence.(2) Merely because offence of conspiracy may be involved, investigation into substantive offence which is cognizable is not req....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.