D.Y.CHANDRACHUD, HEMANT GUPTA
State By Karnataka Lokayukta Police Station, Bengaluru – Appellant
Versus
M. R. Hiremath – Respondent
JUDGMENT :
Dr. Dhananjaya Y. Chandrachud, J.
1. Leave granted.
2. This appeal arises from a judgment of a learned Single Judge of the High Court of Karnataka dated 27 April 2017 by which a petition under Section 482 of the Code of Criminal Procedure 1973 [‘CrPC’] was allowed. While doing so, the High Court set aside an order dated 5 December 2016 of the Special Judge, Bengaluru rejecting the application of the respondent for discharge under Section 239 of the CrPC.
3. The respondent was at the material time serving as Deputy Commissioner in the Land Acquisition Section of Bangalore Development Authority [‘BDA’]. BDA had acquired certain lands for the formation of a layout on the outskirts of Bengaluru. The complainant moved the court for denotification of the lands following which, a direction had been issued. Accordingly, the complainant made an application to BDA for denotification of the lands.
4. The case of the prosecution is that on 6 November 2012, the complainant attempted to meet the respondent (accused no.1) by whom the file was to be placed before the Denotification Committee. It is alleged that though the complainant was not allowed to meet the respondent, he met his driver
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