Case Note & Summary
The petitioner, Dadapeer Bhanuvalli, an Assistant Public Prosecutor, filed a writ petition challenging the order dated 27.09.2021 passed by the Karnataka State Administrative Tribunal, Belagavi, in Application No.1604/2019. The Tribunal had quashed the investigation initiated by the Karnataka Lokayukta against the petitioner on the ground that the Lokayukta had not obtained prior sanction under Section 197 of the Code of Criminal Procedure, 1973 (CrPC) before conducting the investigation. The petitioner sought to quash the Tribunal's order and allow the application. The High Court heard the matter and reserved judgment on 04.08.2025, pronouncing the order on 19.08.2025. The court examined the provisions of the Karnataka Lokayukta Act, 1984, and held that it is a special statute that overrides the general provisions of the CrPC. The Act does not mandate prior sanction for investigation, and the Tribunal's order was erroneous. The court allowed the writ petition, set aside the Tribunal's order, and restored the Lokayukta investigation.
Headnote
A) Criminal Procedure - Investigation by Lokayukta - Prior Sanction - Section 197 CrPC - Karnataka Lokayukta Act, 1984 - The issue was whether the Lokayukta must obtain prior sanction under Section 197 CrPC before investigating a public servant. The court held that the Karnataka Lokayukta Act is a special statute and its provisions prevail over the general provisions of CrPC. The Act does not require prior sanction for investigation, and the Tribunal erred in quashing the investigation on that ground. (Paras 1-10)
B) Administrative Law - Jurisdiction of Karnataka State Administrative Tribunal - Scope of Review - The Tribunal had quashed the Lokayukta investigation on the ground of lack of prior sanction. The High Court held that the Tribunal exceeded its jurisdiction by applying Section 197 CrPC to a special statute, and the order was liable to be set aside. (Paras 1-10)
Issue of Consideration
Whether the Karnataka Lokayukta is required to obtain prior sanction under Section 197 of the Code of Criminal Procedure, 1973 before conducting an investigation against a public servant under the Karnataka Lokayukta Act, 1984.
Final Decision
The High Court allowed the writ petition, set aside the order dated 27.09.2021 passed by the Karnataka State Administrative Tribunal, Belagavi, in Application No.1604/2019, and restored the Lokayukta investigation.
Law Points
- Karnataka Lokayukta Act
- 1984
- Section 197 CrPC
- prior sanction for investigation
- public servant
- administrative tribunal
- writ jurisdiction
Case Details
2020 LawText (KAR) (08) 30
Writ Petition No.100890 of 2022 (S-KAT)
Vibhu Bakhru, Chief Justice, C.M. Poonacha, Justice
Sri. Nagendra Naik for Sri. Mahesh Wodeyar (for petitioner), Sri. G.K. Hiregoudar, AGA for R1 and R2, Sri. Anil Kale, Advocate for R3 and R4
State of Karnataka, The Director, Department of Prosecution and Government Litigation, The Karnataka Lokayukta, Additional Registrar of Enquiries-12, Karnataka Lokayukta
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Karnataka State Administrative Tribunal.
Remedy Sought
Petitioner sought to quash the Tribunal's order dated 27.09.2021 and allow the application No.1604/2019.
Filing Reason
The Tribunal quashed the Lokayukta investigation against the petitioner on the ground of lack of prior sanction under Section 197 CrPC.
Previous Decisions
The Karnataka State Administrative Tribunal, Belagavi, passed an order on 27.09.2021 in Application No.1604/2019 quashing the Lokayukta investigation.
Issues
Whether the Karnataka Lokayukta Act, 1984 requires prior sanction under Section 197 CrPC for investigation of a public servant.
Submissions/Arguments
Petitioner argued that the Tribunal erred in quashing the investigation as the Karnataka Lokayukta Act is a special statute and does not require prior sanction.
Respondents supported the Tribunal's order, contending that Section 197 CrPC applies to investigations under the Lokayukta Act.
Ratio Decidendi
The Karnataka Lokayukta Act, 1984 is a special statute that overrides the general provisions of the Code of Criminal Procedure, 1973. Therefore, no prior sanction under Section 197 CrPC is required for the Lokayukta to investigate a public servant under the Act.
Judgment Excerpts
The present writ petition is filed by the petitioner who was the applicant before the Karnataka State Administrative Tribunal calling in question the order dated 27.09.2021 passed in application No.1604/2019.
Procedural History
The petitioner filed Application No.1604/2019 before the Karnataka State Administrative Tribunal, Belagavi, challenging the Lokayukta investigation. The Tribunal passed an order on 27.09.2021 quashing the investigation. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, which was heard and reserved on 04.08.2025 and pronounced on 19.08.2025.
Acts & Sections
- Karnataka Lokayukta Act, 1984:
- Code of Criminal Procedure, 1973: Section 197
- Constitution of India: Articles 226, 227
