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CRL.P No. 8683 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF FEBRUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL PETITION NO. 8683 OF 2019

BETWEEN:

MR. VICTOR SIMON

S/O RABINDRA SIMON,

AGED ABOUT 42 YEARS,

POLICE INSPECTOR,

SURYA NAGAR POLICE STATION,

BENGALURU RURAL DISTRICT,

RESIDENT OF B.001, KPR ELITE APARTMENTS,

KASAVANAHALLI MAIN ROAD, KAIKONDRAHALLI,

BENGALURU CITY.

…PETITIONER

(BY SRI. PARAMESHWAR N. HEGDE, ADVOCATE)

AND:

1.

ANTI-CORRUPTION BUREAU

BENGALURU CITY DIVISION

BENGALURU

REPRESENTED BY ITS SPP,

HIGH COURT OF KARNATAKA,

BENGALURU.

2.

SABBINENI SUBHASH

S/O LATE CHINNAIAH SABBINENI,

AGED ABOUT 51 YEARS,

DESIGNATED PARTNER OF

M/S. RIDRI HOSPITALITY LLP,

R/O NO.3, DREAM VALLEY,

H.NO.8-1-405/A/3, SHAIKPET, NEAR OSMANIA

UNIVERSITY COLONY, HYDERABAD.

AND ALSO AT M/S RIDRI HOSPITALITY LTD.,

Digitally

signed by R

HEMALATHA

Location:

High Court of

Karnataka

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CRL.P No. 8683 of 2019

KAIKONDRAHALLI,

VARTHUR HOBLI,

BANGALORE EAST TALUK.

3.

KARNATAKA LOKAYUKTHA POLICE

BANGALORE DIVISION, REPRESENTED BY ITS SPP, HIGH

COURT OF KARNATAKA, BENGALURU-01

…RESPONDENTS

(BY SRI MOHAMMED RIZWAN AHAMED, ADVCOATE FOR R-2;

SRI. B.B. PATIL, ADVOCATE FOR R-3;

V/O DATED 28.09.2022, R1 ACB IS DELETED

FROM THE ARRAY OF PARTIES)

THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO SET

ASIDE THE ENTIRE PROCEEDINGS IN PCR NO.34/2018 PENDING ON

THE FILE OFF XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE

AND SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT (CCH-

24),

BENGALURU

AND

CONSEQUENTLY

INVESTIGATION

IN

CR.NO.44/2019 REGISTERED FOR THE OFFENCE P/U/S 13(1)(b)(d)

R/W 13(2) OF THE PREVENTION OF CORRUPTION ACT AND

SECTIONS 405, 406, 408, 409, 420, 506(B), 511 AND 120(B) READ

WITH 34 OF IPC AND PENDING ON THE FILE OF 1ST RESPONDENT

POLICE.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

A private complaint under Section 200 of Cr.P.C., was

filed by the 2nd respondent for the offences under Sections

13(1)(b) (d) of Prevention of Corruption Act, 1988, under

Sections 405, 406, 408, 409, 420, 506 (b) 511, 120(b) r/w

Section 134 of IPC alleging that, the 2nd respondent is one of

the designated partner and there is a dispute between the two

partners and so as to register the complaint against the 2nd

respondent,

the

petitioner-accused

herein

has

taken

gratification from the partners.

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CRL.P No. 8683 of 2019

2.

The learned Magistrate referred the compliant to

the respondent-Lokyukta for investigation under Section 156(3)

of Cr.P.C. The Lokayukta Police registered the FIR for the

aforesaid offences. The registration of the FIR is impugned in

this petition by the accused No.1.

3.

Learned

counsel

for

petitioner-accused

No.1

submits that, the offence alleged against the petitioner-accused

are cognizable, and the complaint under Section 200 of Cr.P.C.,

filed without compliance of mandatory provisions contained in

Sections 154(1) & 154(3) of Cr.P.C. Cr.P.C., and also not

supported by an affidavit, is not maintainable as held by the

Hon'ble Supreme Court in the case of Priyanka Srivastava -vs-

State of Uttar Pradesh and Others reported in (2015) 6 SCC

287.

4.

On the other hand, Mr. B.B. Patil, learned Spl.P.P.,

appearing for the respondent-Lokyukta and Mr. Mohammed

Rizwan Ahamed, learned counsel for respondent No.2 submits

that, the allegations made in the compliant, prima facie,

discloses the commission of the aforesaid offences and the

veracity of the allegations requires to be investigated and at

this stage, the registration of FIR does not warrant any

interference and sought for dismissal of the petition.

5.

I have examined the submissions made by the

learned counsel appearing for the parties.

6.

Offences alleged against the petitioner-accuse are

cognizable. The Hon'ble Supreme Court in th