IDEYA VENDAN R. AND OTHERS Vs. ADDITIONAL CHIEF SECRETARY AND OTHERS

JUDGEMENT

(1.) IN this batch of writ petitions filed under Articles 226 and 227 of the Constitution of India r/w. Section 482 of Cr.P.C., the respective petitioners have sought for quashing the FIR registered by Bangalore Metropolitan Task Force ('BMTF' for short) in Crime No. 4/2011 registered for the offences punishable under Sections 420, 406, 409, 465, 468, 471, 477A r/w. 120B of IPC and Section 23 of the Karnataka Transparency in Public Procurement Act 1999 (for short, 'KTPP Act') and the charge sheets filed thereon for the offences punishable under Sections 120B, 465, 468, 471, 477A, 409 r/w. 34 and 37 of IPC. As common questions of fact and law arises for consideration in this batch of writ petitions, they were heard together and are being disposed of by this common order.

(2.) SOME of the petitions are by the employees of Bruhat Bangalore Mahanagara Palike (for short 'BBMP') as Engineers in various Engineering Divisions of BBMP. The Contractors, who were entrusted with the work, in respect of which the crime case was registered, are also before this court in some of the petitions questioning the legality and validity of the registration of the case and launching of prosecutions. The petitions filed by different category of persons are as under: -

(3.) THE common grounds on which registration of the FIR as well as launching of the prosecutions have been sought to be quashed are that, the BMTF had no jurisdiction to register the case for various offences mentioned therein punishable under Indian Penal Code and KTPP Act, since the BMTF has been constituted for specific purpose of detection and prevention of unauthorized and illegal occupation of properties belonging to the Government, BBMP and other public authorities enumerated in the notification, under which the BMTF was constituted and since the BMTF is not empowered to investigate into the offences under the Indian Penal Code as also KTPP Act, registration of the case by BMTF is without jurisdiction and authority of law; that the transfer of investigation to CID is colorable exercise of the power by the Government; that the submission of charge sheets to the jurisdictional Court by CID is without authority since the Government while transferring investigation to CID, had directed the CID to submit report to the Government, therefore, the CID could not have filed final report under Section 173(2) of Cr.P.C. to the jurisdictional Magistrate and thus, the CID has over -stepped its jurisdiction; that the tenor of the Government Order, by which the investigation was entrusted to CID, indicates that the Government wanted the CID to enquire into the matter and submit a report to it, so that the Government could take necessary decision on the matter, therefore, the final report filed by CID in the form of charge sheet before the learned Magistrate was without jurisdiction; that the learned Magistrate without applying his judicious mind, has mechanically taken cognizance of the offences alleged, as such, the order passed by the learned Magistrate taking cognizance is perverse and illegal; that since the acts alleged to have been committed by the Staff of the Engineering Section have been committed during the discharge of their official duties, sanction under Section 197 of Cr.P.C. is a pre -requisite condition, as such, the order passed by the jurisdictional Magistrate taking cognizance, though no sanction to prosecute the public servants has been produced, is bad in law.