BENGALURU: The High Court dismissed the petitions filed by two top officials of the Excise Department challenging the criminal proceedings initiated against them on charges of corruption by the Lokayukta police.
Justice Anand Byrareddy dismissed the petitions filed by Deputy Commissioner of Excise Y Manjunath (38), Bengaluru South, and K M Thammanna, Inspector of Excise, Range-1, In-charge Deputy Superintendent of Excise, Nazarbad, Mysuru. In view of the dismissal of their petitions, the trial pending before the Special Court in Mysuru against the duo will continue.
The duo had challenged the case registered by the Lokayukta police in Mysuru in 2012 for offences punishable under the Prevention of Corruption Act on the ground of lapses in registration of a First Information Report (FIR).
While dismissing the petitions recently, Justice Byrareddy said, “Even assuming that there has been a lapse in following the mandatory procedure before lodging the FIR, it would not result in the entire proceedings being vitiated but may have a bearing on the value of the alleged incriminating material collected pursuant to a faulty investigation, which it would be for the trial court to consider. And it would also be for the trial court to examine the admissibility or otherwise of the evidence which is said to have been obtained pursuant to a faulty investigation. Therefore, the petitions do not merit consideration and are dismissed. The interim order of stay granted earlier stands vacated.”
On receiving the information on corrupt practices, the then DySP, Lokayukta, Mysuru, conducted raids on the offices of both the petitioners on February 27, 2012, in Mysuru.
After recording the statements of the accused and seizing `2.45 lakh cash, as well as two compact discs containing an alleged conversation between Manjunath and one Chandrashekar, all the accused were taken into custody and produced before the court. They had been subsequently released on bail.