Supreme Court - Daily Orders
State By Karnataka Lokayuktha Police vs Sri Lakshmikantha S.G. on 7 July, 2017
Bench: Ranjan Gogoi, Navin Sinha
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).1066 OF 2017
(Arising out of SLP(Crl.) No.6445/2016)
THE STATE BY KARNATAKA
LOKAYUKTHA POLICE ...APPELLANT(S)
VERSUS
LAKSHMIKANTHA S.G. ...RESPONDENT(S)
O R D E R
1. Leave granted.
2. The challenge in this appeal is against an Order of the High Court of Karnataka dated 11.02.2016 by which the proceedings against the respondent-accused under the provisions of Prevention of Corruption Act, 1988 has been quashed.
3. We have perused the order of the High Court wherefrom it appears that the sole ground on which the proceedings against the respondent-accused has been quashed is that the F.I.R. was lodged after investigation had commenced. According to the High Court, upon Signature Not Verified Digitally signed by NEETU KHAJURIA the information given to the Lokayuktha Police Date: 2017.07.12 01:34:02 IST Reason: by the informant-complainant, a tape recording device was made available to him for recoding 2 the conversation with the accused with regard to demand and acceptance of bribe. It is only after such recording was made that a trap was laid and thereafter the F.I.R. was lodged.
4. Though the High Court had sought to distinguish the decision of this Court in Lalita Kumari Vs. Government of U.P. and Ors.1, wherein this Court in paragraphs 105-106, 115 and 117 has carved out exceptions to the rule of immediate registration of an F.I.R. and had permitted holding a preliminary inquiry in certain cases, we are of the view that distinction as sought to be made by the High Court is not acceptable. The proceedings in the present case prior to the lodging of the F.I.R. must be understood in the nature of a preliminary inquiry which is permissible in law as laid down by this Court in Lalita Kumari (supra). We are, therefore, of the view that the High Court was not right in quashing the criminal proceedings on the above ground. Accordingly, we set aside the order of the High Court and allow this appeal and direct that the proceedings against the 1 (2014) 2 SCC 1 3 respondent-accused shall now be recommenced from the stage where the same was interdicted by the High Court.
....................,J.
(RANJAN GOGOI) ....................,J.
(NAVIN SINHA)
NEW DELHI
07 JULY, 2017
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ITEM NO.45 COURT NO.4 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6445/2016
(Arising out of impugned final judgment and order dated 11-02-2016 in CRLP No. 3750/2013 passed by the High Court of Karnataka at Bangalore) STATE BY KARNATAKA LOKAYUKTHA POLICE Petitioner(s) VERSUS SRI LAKSHMIKANTHA S.G. Respondent(s) Date : 07-07-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. V. N. Raghupathy, AOR For Respondent(s) Mr. S. N. Bhat, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, stand disposed of.
(NEETU KHAJURIA) (ASHA SONI)
COURT MASTER BRANCH OFFICER
(Signed order is placed on the file.)