R ASHOKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The writ petitions are filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying to issue writ of certiorari or any other appropriate writ, order or direction and Criminal Petition is filed under Section 482 of the Code of Criminal Procedure., both by the petitionersaccused seeking to quash the complaint dated 3.1.2018 and FIR in Crime No.5/2018 dated 8.1.2018 registered by the respondent - Anti Corruption Bureau and all further proceedings in pursuance to FIR dated 8.1.2018. Since the factual and legal aspect involved in all the above writ petitions are one and the same, they are taken together to dispose of them by this common order in order to avoid repetition of facts and law.

(2.) The sum and substance of the case of the petitioner-accused No.1 in W.P.No.1775/2018 is that one A.Anand, S/o Arasappa has filed a complaint on 3.1.2018 before the respondent-Anti Corruption Bureau alleging that there were illegalities in regularization orders passed between 1998 and 2007 by the Committee for regularization headed by the petitioner-accused No.1. It is alleged that between 18.8.1998 and 2007, petitioneraccused No.1 was a Member of the Legislative Assembly and consequently, was the chairman of the Committee for regularization of unauthorized occupation. The Committee consisted of Member of the Legislative Assembly as its Chairman, the Tahsildar as its Secretary and three other members nominated by the Congress Party which was the Government in power, for regularization of unauthorized occupation. It is alleged that in the period between 18.8.1998 to 2007, applications have been considered and orders were passed without applying the applicable rules and regulations. In order to benefit others, applications of financially well placed persons and those owning agricultural lands have also been considered. From 1998-2007, those who have considered the applications as well as those whose applications have been allowed are leaders, workers or members of BBMP, all of whom belong to the Bharatiya Janatha Party. In paragraph No.13 of the complaint, it is further alleged that the then revenue officers named in paragraph 13, have not correctly examined the documents and have deliberately provided wrong information to the Committee. Complaint was received on 3.1.2018; a preliminary enquiry was conducted between 3.1.2018 and 6.1.2018 and that report of the preliminary investigation was submitted to higher authorities on 6.1.2018 and that as per the order of the higher authorities, the FIR is registered at 11.00 a.m. as Crime No.5/2018 under Sections 13(1)(c) and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 further read with Sections 420 and 120B of the Indian Penal code, 1860.

(3.) W.P.Nos.6464-6467/2018 are filed under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure by accused Nos.2, 3, 4 and 5 challenging the initiation of criminal proceedings by registering the FIR, on the grounds as mentioned at ground Nos.14 to 25 of the writ petition.