Case Law Details
Sri. Channakeshava. H.D Vs State of Karnataka (Karnataka High Court)
The writ petition filed by Sri. Channakeshava H.D. under Article 226 of the Constitution of India, read with Section 482 of the Cr.P.C., seeks the quashing of the FIR registered against him by the Lokayuktha Police, Bangalore. The FIR accuses him of accumulating assets disproportionate to his known sources of income, amounting to Rs. 6,64,67,000, during his tenure as an Executive Engineer at BESCOM.
The petitioner contends that the FIR is unsustainable and an abuse of the legal process. He argues that no order was passed under Section 17 of the Prevention of Corruption Act, which is mandatory for investigating the offences alleged. Moreover, he challenges the authority of the police inspector, instead of a Deputy Superintendent of Police, to conduct the investigation, as per the provisions of the Prevention of Corruption Act.
The petitioner further alleges that proper procedures were not followed before registering the FIR. He claims that no preliminary enquiry was conducted against him, as required by legal precedents, and the source report used to initiate the investigation did not consider all relevant factors, such as assets declared during his service. Additionally, he argues that there was a delay of 60 days in filing the FIR and discrepancies in the documentation related to the order passed by the Superintendent of Police.
In response, the Special Counsel for the respondent argues that the FIR was validly registered based on the source report and subsequent verification by the Superintendent of Police. They contend that no further preliminary enquiry was necessary, as the source report itself served that purpose. The counsel also asserts that the FIR was properly filed within the statutory limitations.
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