IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2032/2016 BETWEEN SRI M P BASAVARAJ S/O LATE. PANCHAKSHARAIAH AGED ABOUT 45 YEARS, NO.1 D, NYAMATHI MAIN ROAD, OPP: TO LIC OFFICE, HIREMATH, HONNALI, DAVANAGERE DISTRICT:577001. ... PETITIONER (BY SRI. KRISHNA S VYAS, ADVOCATE-ABSENT) AND 1. KARNATAKA LOKAYUKTA REPTD. BY THE DEPUTY SUPERINTENDENT OF POLICE, LOKAYUKTA POLICE STATION, DAVANAGERE, DAVANAGERE DISTRICT: 577001 2. SRI GIURUPADAIAH KABBINAKANTHI MATADH, S/O REVANAIAH, AGED ABOUT 37 YEARS, PRESIDENT, BRASHTACHARA VIRODHI VEDIKE, NEAR KARNATAKA BANK, NYAMATHI MAIN ROAD, HONNALI-577217 ... RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH FIR AND COMPLAINT BEARING K.L.A. DAVANAGERE P.S. CRIME NO.6/2015 DATED 30.11.2015, PENDING ON THE FILE OF HON'BLE DIST. AND SESSIONS AND SPL. JUDGE, LOKAYUKTHA AT DAVANAGERE REGISTERED FOR THE OFFENCES P/U/S 13(1)(e) AND 13(2) OF PC ACT, 1988 R/W SEC.120(B) OF IPC PRODUCED VIDE ANNEXURE-A, IN SO FAR AS IT PERTAINS TO THE PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Counsel absent.
2. Perused the records.
3. Petitioner has sought to quash the FIR 06/2015 registered against him for the offences punishable under Section 13(1)(e) read with Section 13 (2) of Prevention of Corruption Act, 1988 read with Section 120-B, 420 of Indian Penal Code.
4. The allegations made in the FIR and the source report prima-facie disclose the commission of the offence under Section 13(1)(e) read with Section 13(2) of Prevention of Corruption Act, 1988.
5. Since the investigation is under progress and the amount of pecuniary resources and assets alleged to have been amassed by the petitioner are not yet quantified, the proceedings cannot be quashed at this stage.
Hence, the petition is dismissed.
Sd/- JUDGE Chs* CT-HR