Case Note & Summary
A batch of writ petitions and criminal petitions were filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973. The petitioners, all of whom are public servants as defined under Section 2(c) of the Prevention of Corruption Act, 1988, challenged the registration of First Information Reports (FIRs) by the Karnataka Lokayukta police. The FIRs were registered for offences punishable under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988, alleging that the petitioners possessed assets disproportionate to their known sources of income. In each case, a police inspector of the Karnataka Lokayukta had prepared a source report detailing the movable and immovable assets owned by the petitioners, their spouses, and other family members. These source reports, along with covering letters, were submitted to the Superintendent of Police, Lokayukta, and on that basis, FIRs were registered. The petitions sought the quashing of the FIRs and the source reports, contending that the registration was illegal and without authority of law. The matters were consolidated and heard together. The court noted the common challenge across all petitions and recorded the background of the registration of the FIRs.
Headnote
A) Criminal Procedure - Quashing of FIR - Scope of inquiry under Section 482 CrPC - Prevention of Corruption Act, 1988, Sections 13(1)(b), 13(2), 2(c) - The petitioners, who are public servants, challenged the registration of FIRs by the Karnataka Lokayukta alleging possession of assets disproportionate to known sources of income. A police inspector prepared a source report detailing assets of the petitioners and their family members, which was submitted to the Superintendent of Police. The challenge raised the validity of the FIRs based on such source reports. B) Prevention of Corruption - Disproportionate Assets - Definition of public servant - Prevention of Corruption Act, 1988, Section 2(c) - All petitioners fall within the definition of public servant under Section 2(c) of the Act. The FIRs specifically invoked Sections 13(1)(b) and 13(2) for the offence of possessing assets disproportionate to known sources of income. C) Criminal Procedure - Investigation - Role of source report - Prevention of Corruption Act, 1988, Sections 13(1)(b), 13(2) - The source report formed the basis for registration of the FIRs. It contained details of movable and immovable assets owned by the petitioners and their families. The report was submitted through covering letters to the Superintendent of Police, Lokayukta.
Issue of Consideration
Whether the registration of FIRs for offences under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 alleging possession of assets disproportionate to known sources of income by public servants is valid, and whether such FIRs are liable to be quashed.
Law Points
- Quashing of FIR under Section 482 CrPC and Articles 226/227 Constitution
- Registration of FIR under PC Act based on source report
- Disproportionate assets
- Definition of public servant under Section 2(c) of PC Act
- Offences under Sections 13(1)(b)
- 13(2) of PC Act
