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V. SRISHANANDA
State Of Karnataka, By Lokayuktha Police, Rep. By Psi Lokayuktha Police – Appellant
Versus
G. Ramachari – Respondent
ORDER :
(V. Srishananda, J.)
Heard Sri Prasad B.S., learned counsel for the revision petitioner and Sri M.B.Rajashekar, learned counsel for the respondent.
2. A charge sheet came to be filed by the Lokayuktha Police, Chikkaballapura against the accused for the offence punishable under Section 7 read with Section 13(2) of the Prevention of Corruption Act.
3. Accused appeared before the Court and filed an application under Section 227 of Cr.PC, seeking discharge. Prosecution opposed the said application by filing the detailed objections.
4. Learned Special Judge heard the parties in detail and by the impugned order dated 16th November 2016 allowed the application of the accused and discharged the accused from the charges.
5. Being aggrieved by the same, the Lokayuktha Police is in revision petition before this Court.
6. Facts in the nutshell led to filing of the charge sheet are as under:
7. A complaint came to be lodged with the Lokayuktha Police, Bengaluru Rural District, stating that on 26.08.2014, complainant met the accused for release of the vehicle which was seized during the election time. Accused said to have demanded illegal gratification in a sum of Rs.5,000/- for release of the
The discharge of the accused was upheld due to jurisdictional issues and procedural lapses in the investigation, rendering the charge sheet invalid.
The court established that the authority to grant sanction under the Prevention of Corruption Act must be correctly identified, and failure to do so can lead to erroneous discharge of accused.
A mere recovery of currency notes is insufficient to establish bribery charges under the Prevention of Corruption Act without proven demand; the court evaluates only whether a prima facie case exists....
At the stage of framing of charge and/or considering discharge application, mini trial is not permissible. Defence on merits is not to be considered at the stage of framing of charge and/or at stage ....
It is clear that in some very rare and exceptional cases the High Court can quash a charge-sheet or show-cause notice if it is found to be wholly without jurisdiction or for some other reason if it i....
The court established that prima facie evidence of a bribe demand is sufficient to justify an investigation under the Prevention of Corruption Act, and that quashing an FIR should be an exception rat....
The main legal point established in the judgment is the requirement for a speaking order with relevant reasoning in judicial decisions, emphasizing the importance of recording reasons in judicial ord....
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