- (1.) Leave granted.
(2.) This appeal is directed against the impugned order dated 14.07.2014 passed in Criminal Petition No. 2859 of 2012 by the High Court of Judicature of Karnataka at Bangalore, wherein the High Court has declined to exercise its power under Section 482 of the Code of Criminal Procedure, 1973 (in short "CrPC"). The appellant has prayed to set aside the same and quash the criminal proceedings initiated against him by the respondents, urging various legal grounds.
(3.) Mr. L. Nageswar Rao, the learned senior counsel on behalf of the appellant has submitted that the second respondent, Inspector of Police of the Karnataka Lokayukta (in short "the Lokayukta"), has made allegations against the appellant under Sections 120B and 420 of the IPC and under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (in short "the P.C. Act"). A case has been registered by the second respondent and an FIR has been lodged against the appellant without following the due procedure contemplated under Section 9 of the Karnataka Lokayukta Act, 1984 (in short "the Lokayukta Act") which deals with the provisions relating to complaints and investigations, where any person can make a complaint under the Lokayukta Act, either to the Lokayukta or to the Upalokayukta. It provides for making a complaint in the form of settlement supported by an affidavit in such forms and in such manner as may be prescribed. The relevant provisions of the Lokayukta Act read thus: "9. Provisions relating to complaints and investigations- (1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokayukta or an Upalokayukta. Provided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to act for himself, the complaint may be made or if it is already made, may be prosecuted by his legal representatives or by any other person who is authorized by him in writing in this behalf. (2) Every complaint shall be made in the form of a statement supported by an affidavit and in such forms and in such manner as may be prescribed. (3)Where the Lokayukta or an Upalokayukta proposes, after making such preliminary inquiry as he deemed fit to conduct any investigation under this Act, he.- (a) shall forward a copy of the complaint and in the case of an investigation initiated suo-motu by him, the opinion recorded by him to initiate the investigation under sub-section (1) or (2), as the case may be, of section 7; to the public servant and the Competent Authority concerned; (b) shall afford to such public servant an opportunity to offer his comments on such complaint or opinion recorded under sub-section (1) and (2) of section 7 as the case may be; (c) may make such order as to the safe custody of documents relevant to the investigation, as he deems fit. (4) Save as aforesaid, the procedure for conducting any such investigation shall be such, and may be held either in public or in camera, as the Lokayukta or the Upalokayukta, as the case may be, considers appropriate in the circumstances of the case. (5) The Lokayukta or the Upalokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving a grievance or an allegation, if in his opinion,- (a)the complaint is frivolous or vexatious or is not made in good faith; (b)There are no sufficient grounds for investigating or, as the case may be, for continuing the investigation; or (c) Other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail such remedies. (6) In any case where the Lokayukta or an Upalokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint he shall record his reasons therefore and communicate the same to the complainant and the public servant concerned. (7) The conduct of an investigation under this Act against a Public servant in respect of any action shall not affect such action, or any power or duty of any other public servant to take further action with respect to any matter subject to the investigation.";