L.C.NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question registration of crime in Crime No.11 of 2022 for offences punishable under Ss. 7, 13(1)(d), 12 read with 13(2) of the Prevention of Corruption Act , 1988 ('the Act' for short).

(2.) Heard Sri A.S.Ponnanna, learned senior counsel appearing for the petitioner, Sri.B.B. Patil, learned Special Public Prosecutor appearing for respondent No.1 and Sri T.Mohan Kumar, learned counsel appearing for respondent No.2.

(3.) Facts adumbrated are as follows: The petitioner is a senior scale officer of the Karnataka Administrative Service and is presently working as Administrative Officer, Sakala Mission, Bengaluru. The petitioner gets into the service of Government in the year 1988 as Food Inspector and has been functioning in various capacities right from the said date. A complaint comes to be registered against the petitioner on 16/2/2022 which becomes a crime in Crime No.11 of 2022 for the afore-quoted offences. The facts that lead the complainant to register the crime in terms of the complaint are that the complainant claims to be in peaceful possession of 20 guntas of land in Sy.No.37/2 at Vaddarapalya Village, Kothanur Dhakale, Uttarahalli Hobli, Bangalore South Taluk. The complainant claims that subsequent to the death of his father, one Lakshamamma, his mother had come to inherit the property and was enjoying the land being in peaceful possession of the same. In the year 2007 one Mr. Khaleel appears to have created a fake General Power Attorney ('GPA' for short) of the mother of the complainant and had sold the land to one Subramanya through a registered sale deed dated 29- 03-2007 upon which a civil dispute is also filed by the mother of the complainant in O.S.No.3994 of 2009 seeking declaration and injunction, wherein the complainant is also a plaintiff along with his mother.