Karnataka High Court quashes special court order against seven police officials

The special court had taken cognisance of offences punishable under the provisions of the IPC as well as the Prevention of Corruption Act against the accused.
Karnataka High Court
Karnataka High CourtPhoto | Express

BENGALURU: The Karnataka High Court quashed the order passed by the Special Court for Lokayukta cases to register a case against seven police officials over their alleged illegal action against a private person without prior sanction from the competent authority to prosecute them.

The special court had taken cognisance of offences punishable under the provisions of the IPC as well as the Prevention of Corruption Act against the accused.

The seven accused officials are then ADGP Seemanthkumar Singh, Deputy Superintendent of Police (DySP) MK Thammaiah, Inspector SR Veerendra Prasad, DySP Prakash R, Inspector Manjunath H Hugar, DySPs Vijay H and Uma Prashant, who were with the now-disbanded Anti-Corruption Bureau (ACB).

Justice M Nagaprasanna quashed the order while allowing the petition filed by the accused.

The special court had stated that prior sanction, either under Section 19 of the Prevention of Corruption Act or Section 197 of CrPC, is not required for taking cognisance of the alleged offences and allowed proceedings against the accused officers.

But the high court said the special court ought not to have taken cognisance of the offence against the petitioners but it has done in gross violation of law and misapplication of the judgements of the Supreme Court.

The order of taking cognisance gets obliterated, but not the complaint, the high court said. The contention of the counsel for the petitioners that if there is no sanction, there can be no proceeding, merits acceptance, it added.

The special court passed the order on May 30 after hearing a private complaint filed by Mohan Kumar A, a realtor, against the accused officers. Kumar had alleged that he had been implicated by the accused based on a fabricated entry of ‘Mohan RT Nagar with two mobile phone numbers, take - 4 files back 1 file’, made in the diary which was claimed to be seized from a BDA official.

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