JUDGMENT/ORDER

M.NAGAPRASANNA,J. - The petitioners in Crl.P.No.1144 of 2020 are accused Nos.1 to 6, 8 to 10 and petitioner in Crl.P.No.1545 of 2020 is accused No.7 in C.C.No.1139 of 2020 and have knocked the doors of this Court calling in question order of the XVII Additional Chief Metropolitan Magistrate, Bangalore taking cognizance by his order dtd. 14/1/2020 for offences punishable under Ss. 120B, 167, 182, 193, 195, 211 and 218 of the IPC.

2. Brief facts that lead to the filing of the present petitions, as borne out from the pleadings, are as follows:-

The 1st petitioner was, at the relevant point in time, working as Inspector General of Police, Excise enforcement and Lottery Prohibition Wing ('the Wing' for short) and claims to have served the Police Department for more than 3 decades. Similarly all the other petitioners in these petitions are Police Officers who had worked in different capacities in the Wing. On 6/3/2015 Suvarna News TV Channel broadcast a sting operation conducted by journalists attached to the said channel on certain persons dealing in lottery business in the State of Karnataka which by then was declared to be illegal. The news published was that the kingpin of the lottery business was one Pari Rajan @ Rajan who was carrying out the business in lottery though it came to be prohibited by promulgation of Lottery Prohibition Act in the State of Karnataka.

The news also mentioned that the said kingpin had nexus with Police Officers at higher levels who had assured that they would take care of all the hurdles that would come about in the business.

The telecast generated huge criticism to the Wing and the Superintendent of Police and other Police Officers attached to the Wing were all transferred. One Prakash, CW-25 was posted as Sub- Inspector of Police to the Wing at Bangarpet where accused Pari Rajan was carrying on his business.

3. It is the case of the prosecution that on 30/4/2015 at about 1 p.m. Mr. Prakash receives credible information that Pari Rajan was carrying on lottery business illegally and had to be searched. On receipt of the said information Mr.Prakash informs the same to petitioner No.1 who directs conduct of a raid with panchas and staff and accordingly, search was conducted in the house of accused No.1 Pari Rajan in the said case and seized several incriminating materials like computer, printed lottery tickets, cheque books, cash of Rs.38,985.00, and mobile phone etc. Mr. Pari Rajan came to be arrested and thereafter, crime in Crime No.64 of 2015 came to be registered under Ss. 5 and 7 of the Lottery Prohibition Act and Ss. 120B, 188, 420 r/w 34 of the IPC. In the course of investigation the police recorded statements of several persons. At that stage Government directed investigation to be taken over by the CID Police. Accordingly, the entire investigation was handed over to CW-44 of the CID Police and the CID Police after conducting investigation filed a charge sheet on 29- 06-2015 against accused No.1/Mr. Pari Rajan for offences punishable under Ss. 5 and 7(3) of the Lottery Prohibition Act and Ss. 463, 467, 468, 471, 474, 420 r/w 34 of the IPC. On the final report filed by the CID, the learned Magistrate by an order dtd. 29/6/2015 took cognizance of the offence and issued process against accused No.1 Pari Rajan which is pending trial in C.C.No.758 of 2015.

4. When things stood thus, based upon a report submitted by the Director General and Inspector General dtd. 6/5/2015 which had recommended that investigation is to be handed over to the CBI as the issue had wide ramification in the State and outside th