Heard the learned counsel for petitioner/accused

No.2 and learned Special Public Prosecutor for respondent

No.1 - Lokayukta.

The petitioner has filed this petition under

Section 482 of Cr.P.C. praying to quash the charge sheet

in Special Case (Corruption) No.1/2020, pending on the

file of Principal District and Sessions Judge, Kalaburagi

arising out of Crime No.99/2015, registered by Kalagi

police station for the offence punishable under Sections

- 3 -

465, 467, 468, 409, 420 and 201 read with Section 34 of

the Indian Penal Code (for short 'IPC') and Sections 13(1)

(c) read with Section 13(2) of the Prevention of Corruption

Act, 1988 (for short 'P.C.Act').

3.

The brief facts of the prosecution case are that,

on 21.11.2015 at 5.45 p.m., the complainant - Abdul

Rajak, a Gazetted Government Official in Treasury

Department, Kalagi, Kalaburagi district lodged a complaint

alleging that, from 01.03.2014 to 31.07.2014, accused

Nos.1

and

2

in

collusion

with

each

other

have

misappropriated in all 21 cheques and caused loss to the

tune of Rs.3,85,40,000/- to the State exchequer, thus, he

lodged a complaint.

4.

The learned counsel for the petitioner/accused

No.2 contended that, respondent No.1 - police registered a

false case and also filed a false charge sheet against the

petitioner; the police have not seized any amount as

described

in the FIR

and

the

petitioner

has

not

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misappropriated a sum of Rs.3,85,40,000/- as alleged by

the complainant. It is contended that, except the self

serving statement made by the complainant, there are no

incriminating materials found against the petitioner and

thus, the petitioner is not involved in the case. Hence, he

prayed to allow the petition.

5.

The learned Special Public Prosecutor appearing

for respondent No.1 contended that, during the course of

investigation, it reveals that, the present petitioner being

accused No.2 and accused No.1 have misappropriated in

all 21 cheques for a sum of Rs.3,85,40,000/-; now the

investigation has been completed and the Investigating

Officer has filed charge sheet against the accused persons

and the Special Court took cognizance under Section

190(1)(b) of Cr.P.C. against the accused persons for the

aforesaid offences and now the matter is set down for

framing of charges against the accused persons, therefore,

the act of the accused clearly establishes that they were

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involved in the alleged offences. Hence, he prayed to

reject the petition.

6.

On perusal of the entire charge sheet material,

it appears that, the present petitioner being accused No.2

was working as a Second Division Clerk in District

Treasury, Kalaburagi and accused No.1 is in-charge of

District Treasury Officer, both in collusion with each other,

misappropriated in

all 21

cheques for

a

sum of

Rs.3,85,40,000/-.

7.

On

perusal

of

the

charge

sheet,

the

Investigating Officer after completion of the investigation,

invoked Section 13 (1) (c) read with Section and 13(2) of

the P.C.Act apart from other offences. The act of the

petitioner clearly establishes that, there is a prima facie

materials against him and the corrupt practices of the

public servant have made the society victim. The

corruption is the deadly enemy of every free civilized

society. It has been observed that, society has become

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victim to the rampant corruption practices of public

servant. Therefore, corruption at any level by any person

by any magnitude is condemnable which cannot be

ignored by the Court. In the instant case, admittedly, the

petitioner is involved in misappropriation of huge amount

to the tune of Rs.3,85,40,000/-, which is a public amount.

Hence, there is a prima facie materials against the

petitioner. Thus, the petitioner has failed to establish the

ground for quashing the order of taking cognizance and

issue of process.

Accordingly, the petition filed under Section 482 of

Cr.P.C. is dismissed.

In view of the disposal of main petition, the pending

application, if any, does not sur