Case Note & Summary
Three criminal petitions were filed under Section 482 of the Code of Criminal Procedure, 1973 by accused Nos. 2 to 4 in PCR No.30/2012 seeking to quash the complaint and the FIR registered as Crime No.57/2012 by the Lokayukta Police. The first respondent, an ex-councillor and alleged trustee, filed a complaint alleging that the first accused (the Peethadhipathi of Adichunchanagiri Mahasamsthana Mutt) colluded with the petitioners and numerous public servants to fraudulently transfer government-granted land originally allotted to Sri Ramalingeshwara Swamy Temple Trust. The complaint alleged that the land was transferred using fabricated documents without proper government sanction and used for unauthorized purposes. The petitioners contended that the complaint lacked specific allegations regarding their individual involvement, was mala fide, and filed to harass them and tarnish their reputation. They argued that the Trial Court failed to apply its mind to whether the complaint disclosed any cognizable offence before directing investigation under Section 156(3) CrPC. The High Court heard the matter and reserved orders on 02.07.2021, pronouncing its order on 02.08.2021.
Issue of Consideration
Whether the Trial Court erred in directing investigation under Section 156(3) CrPC without specific allegations against the petitioners and without application of mind?
