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HC upholds ACB court Order on Raheja land probe

Published: 20th October 2012 11:53 AM  |   Last Updated: 20th October 2012 11:53 AM   |  A+A-

The High Court on Friday dismissed the petitions filed by two IAS officers and others challenging the order of the ACB court on an investigation into lands allotted to K Raheja Corporation.

Justice Raja Elango was dealing with the petitions filed by IAS officers BP Acharya and K Ratna Prabha, IPS officer M Gopi Krishna, Neil Raheja and others seeking to set aside the order of the special judge for ACB cases made on February 19, 2011.

Petitioner T Sriranga Rao, a city-based advocate, complained to the ACB court that as per the memorandum of understanding (MoU) entered into between the state government and Raheja Corporation in 2005 the two shall hold an equity of 11 percent and 89 percent respectively.

Later, the government officials allegedly colluded with the Raheja company to decrease the equity from 11 percent to 0.55 percent.

Due to this the government suffered a massive loss of Rs 500 crore and at the same time the company gained Rs 500 crore.

The ACB court then ordered an investigation into the issue. Justice Raja Elango, in his common order, stated that the court was of the considered view that the impugned order did not warrant interference of the High Court and that the revision petitions were liable to be dismissed.

In cases instituted for an offence punishable under the provisions of the Prevention of Corruption Act, the court has no power to take cognizance without there being any previous sanction and certainly the same may have necessitated the special judge to order an investigation into the issue.

Going into the merits of the complaint at this stage amounts to invoking the provision under Section 482 of CrPC and any order passed by this court after appraisal of the complaint will cause prejudice to either party, the judge said.

 



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