IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7991/2018 BETWEEN:
1. D. Kanakaraj, S/o. late M.D.Murthy, Aged about 45 years, Chief Accounts Officer, BBMP, Bengaluru, And R/at. No.9/1, Lakshmidevamma Block, Ganganagar, Bengaluru – 560 032.
2. K. Narayanaswamy, S/o. late Kondappa, Aged about 53 years, Accounts Superintendent, BBMP, Bengaluru, And R/at. No. 15, 8th cross, SVG Nagara, Mudalapalya, Bengaluru – 560 072. ... PETITIONERS (By Sri. Subramanya H.V., Advocate.) AND:
State by Lokayuktha Police, Bengaluru, Represented by State Public Prosecutor, Lokayuktha, High Court of Karnataka, At Bangalore – 560 001. ... RESPONDENT (By Sri. Venkatesh S. Arabatti, Advocate.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FURTHER PROCEEDINGS IN CRIME NO.21/2015 OF KARNATAKA LOKAYUKTHA WING SUB-DIVISION, BANGALORE, FOR THE OFFENCES P/U/S. 7, 13(i)(a) R.W. 13(2) OF P.C. ACT PENDING ON THE FILE OF THE XXIII ADDITIONAL CITY CIVIL AND SPECIAL JUDGE FOR P.C. ACT, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R A suo motu complaint came to be registered on 06.04.2015 against petitioners by the respondent in Crime No. 21/2015 for the offences punishable under Sections 7, 13(1)(a) and 13(2) of the Prevention of Corruption Act, 1988. However, till date, charge sheet has not been filed. Hence, petitioner is seeking for quashing of the proceedings.
2. Sri. Venkatesh S. Arabatti, learned counsel appearing for respondent submits that, despite efforts being made to secure the files from the BBMP in order to proceed further with the investigation, investigation has reached dead end, in as much as, files called for has not been received, including certain information relating to the alleged offences. He would also submit that all efforts would be made to file a final report within a period of three months. His submission is placed on record.
3. Having regard to above facts and circumstances, respondent is granted liberty to file a final report expeditiously and at any rate, within one month from the date of receipt of certified copy of this order. No opinion is expressed on the merits of the case and in the event of charge sheet being filed, petitioners would be at liberty to challenge the same on all grounds, including the grounds urged in the present petition.
With these observation, petition stands disposed of.
SD/- JUDGE Mgn/-