C M PRASAD AND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are directed against the orders of the learned single Judge made in WP No. 25970/82, 307-16/82, 35708/82 and 3941/83.

(2.) The appellants who were some of the top Government Officers are being prosecuted in the Courts below for offences falling under the provisions of the Prevention of Corruption Act: 1947. The Special Judge constituted under the said Act has taken cognizance of the offences upon a police report under S. 190(1) (b) of the Code of Criminal Procedure (Shortly called "the Code"). Those reports were submitted by the Police Officers of the State Vigilance Commission. The appellants challenged the validity of the prosecution in writ petitions under Article 226 of the Constitution on the principal ground that the Police Officers who filed such reports under S. 190 (1)(b) of the Code were not the Police Officers of the State Police Department, but deputed Police Officers who have been functioning under the Control of the Vigilance Commissioner and they therefore, have no power to file the charge sheets against the appellants. The learned Single Judge while largely depending upon the judgment of the Supreme Court in State of Bihar v. J. A. C. Saldanna, AIR 1980 SC 326 did not accept the writ petitions. His conclusions may conveniently be summarised in the following terms :

(3.) The common question that falls for decision in these appeals is whether the Officers who investigated the alleged offences and filed reports of such facts in the courts below are Police Officers within the meaning of S. 190(1)(b) of the Code.