Case Note & Summary
The batch of writ petitions was filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of a complaint dated 03.10.2016 and the consequent FIR dated 07.11.2016 in Crime No.3/2016 registered by the Anti-Corruption Bureau (ACB), Koppal. The petitioners, who were government engineers working in the Panchayat Raj Engineering Division, Koppal, faced allegations of irregularities and bribery in the execution of a Rural Drinking Water Supply Scheme project between 21.09.2013 and 06.02.2014, involving payments of Rs.23,41,86,474. The complaint, lodged by the State Government, alleged offences under various sections of the Indian Penal Code and the Prevention of Corruption Act, 1988. The petitioners contended that the FIR was without authority of law, the investigation by the Upa-lokayukta was contrary to Section 9 of the Karnataka Lokayukta Act, 1984, and that no notification under Section 2(s) of the Cr.P.C. had been issued declaring the ACB, Koppal as a police station. One petitioner also argued that he had joined duty after the alleged period of irregularities. The court heard submissions and reserved the matter on 24.02.2021, but the final order was not included in the provided text.
Headnote
The provided judgment text does not include the court's analysis and decision, hence a proper headnote cannot be extracted.
Issue of Consideration
Whether the complaint and FIR registered by the Anti-Corruption Bureau, Koppal are without authority of law, and whether the investigation conducted by the Upa-lokayukta violated Section 9 of the Karnataka Lokayukta Act, 1984
Law Points
- Not available as judgment text lacks final decision
Case Details
2021 LawText (KAR) (02) 3
WP Nos.63379-80/2016 (GM-RES) and connected matters
Sri Vijaykumar, Sri B.B. Bajantri, Sri J.A. Pattar, Sri S.S. Yadrami, Sri Praveen K. Uppar, Sri Anil Kale, Sri Santosh Malagoudar
Sri Laxman, Sri M.N. Patil and others
State of Karnataka and others
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C. seeking quashing of complaint and FIR.
Remedy Sought
Petitioners (accused) sought quashing of complaint dated 03.10.2016 and FIR dated 07.11.2016 in Crime No.3/2016.
Filing Reason
Petitioners contended that the FIR was without authority of law, the Upa-lokayukta investigation violated Section 9 of Karnataka Lokayukta Act, no notification under Section 2(s) Cr.P.C. declared ACB Koppal as a police station, and one petitioner joined after the alleged period of irregularities.
Issues
Whether the Anti-Corruption Bureau, Koppal had been notified as a police station under Section 2(s) of Cr.P.C.
Whether the enquiry and investigation by the Upa-lokayukta were contrary to Section 9 of the Karnataka Lokayukta Act, 1984.
Whether the petitioner in WP No.107657/2017 joined service after the period of alleged irregularities and thus could not be implicated.
Submissions/Arguments
Petitioners contended that the FIR is without authority of law as no notification under Section 2(s) Cr.P.C. declares ACB Koppal as a police station.
It was argued that the Upa-lokayukta investigation violated Section 9 of the Karnataka Lokayukta Act.
One petitioner argued that he reported for duty after the alleged period of irregularities and hence should not be prosecuted.
Judgment Excerpts
The allegations in the complaint pertain to the fact that under Rural Drinking Water Supply Scheme, certain project work was required to be executed by the Panchayat Raj Engineering Division, Koppal during the period 21.9.2013 to 6.2.2014 and a total sum of Rs.23,41,86,474/- was paid and in the execution of the project and payment of money for the same, there were several irregularities and complaints were received.
Learned counsel Sri. Vijaykumar appearing for the petitioners in WP Nos.63379-80/2016, WP Nos.58381-385/2016 and WP Nos.61291-302/2016 contended that the complaint lodged and the FIR registered on the same is without authority of law and therefore, it is liable to be quashed.
Procedural History
The Government of Karnataka lodged complaint dated 03.10.2016. ACB Koppal registered FIR in Crime No.3/2016 on 07.11.2016. Petitioners filed writ petitions seeking quashing. Interim stay on investigation was granted, halting progress for 5 years. Hearing concluded on 24.02.2021, and judgment reserved.
Acts & Sections
- Constitution of India: Articles 226, 227
- Code of Criminal Procedure, 1973: Section 482, Section 2(s)
- Indian Penal Code, 1860: Sections 406, 408, 409, 417, 420, 464, 471, 477, 477A, 120B
- Prevention of Corruption Act, 1988: Sections 13(1)(c), 13(1)(d)(i)(ii)(iii), 13(2), 15
- Karnataka Lokayukta Act, 1984: Section 9
