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Judgment
B.S. Patil
In this writ: petition, petitioner is seeking to quash the Complaint, FIR, Charge Sheet and all proceedings in Special C.C.No.26/2010 on the file of the XXIII Additional City Civil & Sessions Judge and Special Judge, Bangalore City, vide Annexures-C, D & A respectively.
Petitioner was working as a Junior Engineer in the Public Works Department, Government of Karnataka. He was deputed to the office of the Bangalore Development Authority, BDA Complex, Banashankan 2nd Stage, Bangalore. Complaint was tiled against, the petitioner by one R. Ganesh before the Police Inspector, Karnataka Lokayuktha, alleging that the petitioner had demanded bribe in order to show official favour. The Lokayuktha Police registered a complaint. After conducting investigation, along with all the documents, the Lokayuktha Police requested the Government to accord sanction to prosecute the petitioner u/s 19 of the Prevention of Corruption Act, 1988. The State Government by order dated 01.09.2007 refused to accord sanction to prosecute the petitioner. Again, another request was made by the Lokayuktha Police to the Government to review the earlier order and accord sanction. The Government again rejected the request of the Lokayuktha Police vide order dated 01.01.2008. A third request was made by the Lokayuktha Police and the same was also rejected by passing another order by the Government on 16.04.2008. Yet another request, on the fourth occasion was made by the Lokayuktha Police seeking sanction which was also refused on 06.11.2008.
On the fifth occasion when the Lokayuktha Police made yet another request to the Government to accord sanction for prosecuting the petitioner the. Government accorded sanction on 18.01.2010. This was challenged by the petitioner before this Court in W.P.No. 1986/2010. This Court by order dated 05.01.2011 quashed the sanction order holding that in the absence of any fresh materials placed before the Government, the Government could not have reviewed its earlier decision and accorded sanction for prosecution. It was however made clear in the said order that there was no impediment for the Government to take note of fresh material relevant in that regard to take any decision afresh.
Pursuant to the said order, the Government, passed an order on 06.07.201 1, copy of which is produced at Annexure-M, holding that on careful consideration of the entire materials, no case had been made out for according sanction for prosecution against the petitioner and that the previous order dated 18.01.2010 granting sanction deserved to be cancelled. Though it was not necessary for the Government to cancel the previous order of sanction which had been already set aside by this Court, the fact remains that by the order produced at Annexure-M, the State Government, upon reconsideration of the matter, came to the conclusion that, no case had been made out for according sanction. However in the meanwhile, the Lokayuktha Police had filed charge sheet on 28.01.2010 and the Special Judge had taken cognizance of the matter on 29.01.2010.
The grievance of the petitioner in the present writ petition is that despite the sanction order having been set aside and the Government having come to the conclusion that no case was made out for prosecuting the petitioner, learned Special Judge is proceeding with the matter having regard to the charge sheet already filed and the cognizance taken in the matter, It is in this background the counsel for the petitioner submits that as the entire foundation for the prosecution initiated against the petitioner is no longer in existence, the proceedings pending in Special C.C. No. 26/2010 are required to be quashed.
Upon hearing the learned counsel for the petitioner and the learned counsel appearing for the respondent - Lokayuktha Police, I find that in the light of the order already passed by this Court in W.P.No. 1986/2010 disposed of on 05.01.2011 and the Order dated 06.07.2011 passed by the Government vide Annexure-M whereunder the earlier order of sanction dated 18.01.2010 had been withdrawn and on reconsideration it is concluded that no ease was made out against the petitioner to proceed with the prosecution, nothing survives for the Special Judge to proceed in the matter in Special C.C.No.26/2010 and hence the entire proceedings pending in Special C.C.No.26/2010 including the FIR and the charge sheet are quashed. Writ Petition is accordingly allowed.