IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3611 OF 2015 BETWEEN:
SRI PUTTASWAMY S/O. LATE DASANAYAKA AGED ABOUT 53 YEARS P.S.I. CHESCOM, ON DEPUTATION (NOW UNDER SUSPENSION) CHESCOM VIGILANCE SQUAD POLICE STATION MANDYA-571 401 R/AT DOOR NO.2370, 3RD CROSS, GANDHINAGAR MANDYA CITY … PETITIONER (BY SRI K.C.SHANTAKUMAR, ADVOCATE) AND:
1. THE INSPECTOR OF POLICE KARNATAKA LOKAYUKTA MANDYA-571 401 2. SRI R.GIRIJESH, DY.SP. DEVARAJ SUB DIVISION POLICE STATION MYSURU …RESPONDENTS (BY SRI B.S.PRASAD, SPP FOR R1 [ABSENT]; R2 IS SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.6/2014 (FIR NO.269/2014) ON THE FILE OF THE SPECIAL JUDGE, MANDYA ETC.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is a public servant. FIR is registered against the petitioner alleging commission of offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (‘the Act’ for short).
2. Learned Counsel for the petitioner submits that the assets alleged to have been amassed by the petitioner are lawfully acquired by him and therefore, he has not committed any offence.
3. The said contention cannot be examined by this Court at this stage. Having regard to the nature of the allegations made against the petitioner, the matter requires to be investigated. Needless to say, the offence under Section 13(1)(e) of the Act is complete when the public servant fails to satisfactorily account for the pecuniary resources or property disproportionate to his known source of income. In view of the specific provision contained in Section 13(1)(e) of the Act, after completion of the investigation, the Investigating Officer is required to call upon the public servant to account for the disproportionate assets found in his possession. Since the matter is under investigation and the quantum of disproportionate assets in the hands of the petitioner are not yet quantified, it is premature to exercise the powers under Section 482 of Cr.P.C. Accordingly, the petition is dismissed.
The Investigating Officer shall submit the final report as expeditiously as possible.
In view of dismissal of the petition, IA.No.1/2015 does not survive for consideration and the same is dismissed.
Sd/- JUDGE LB