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Mohammed Saleem Vs. State of Karnataka by Lokayukta Police and anr.

Court : Karnataka

Reported in : 2005CriLJ381; ILR2004KAR5143; 2005(1)KarLJ110

..... section 14 of the lokayukta act, 1984, reads thus:-'initiation of prosecution :- if after investigation into any complaint the lokayukta or an upalokayukta is satisfied that the public servant has committed any criminal offence (and should be prosecuted) in a court of law for such offence, then, he may pass an order to that effect and initiate prosecution of the public servant concerned and if prior sanction of any authority is required for such prosecution, then, notwithstanding anything contained in any law, such sanction shall be deemed to have been granted by the appropriate ..... learned counsel for the petitioner contends that for any prosecution to be launched under the provisions of the prevention of corruption act, sanction of the government under section 19 of the prevention of corruption act is mandatory and that the provisions of the prevention of corruption act are quite different from the provisions of the karnataka lokayukta act, 1984, not only in the matter of investigation but also on other aspects. ..... in the meanwhile, when the matter was referred to upalokayukta, the upalokayukta after going through the investigation papers and materials had held that there is a prima-facie case/material to proceed against the petitioner to prosecute under section 7, 13(l)(d) r/w section 13(2) of the prevention of corruption act, 1988, and proceeded to accord sanction to prosecute the petitioner acting under section 14 of the lokayukta act, 1984. .....

Sri H. D. Kumarswamy Former Chief Minister of Son of Sri H.D. Devegowd ...

Court : Karnataka

..... therefore, submission of learned counsel for petitioner that there cannot be initiation of complaint/prosecution unless competent authority takes action as recommended by the lokayukta in terms of section 12(3) of the karnataka lokayukta act, 1984 cannot be accepted. ..... section 14 of the karnataka lokayukta act, 1984 which relates to initiation of prosecution, reads thus:- 14. ..... (2) whether there is legal bar to continue investigation of complaint and consequent first information report, which are founded on the report submitted by lokayukta when the government has not taken any action in terms of section 12 of the karnataka lokayukta act, 1984 and there is bar to initiate a complaint under section 200 cr.p.c. ..... therefore, section 14 of the karnataka lokayukta act, 1984 does not preclude application of provisions of code of criminal procedure, 1973 for initiation of complaint, inquiry and trial as provided under section 4(2) of the code of criminal procedure. ..... the learned counsel for petitioner has submitted that there is legal bar to initiate complaint and continue investigation of first information report undei reference, in view of the provisions contained under sections 12 & 14 of the karnataka lokayukta act, 1984. .....

Sri S.M. Krishna Son of Sri S.C. Mallaiah. Vs. the State of Karnataka ...

Court : Karnataka

..... there is no legal bar to initiate complaint/prosecution on the basis of the report of lokayukta submitted to the competent authority under section 12(3) of the karnataka lokayukta act, 1984 ..... . section 14 of the karnataka lokayukta act, 1984 which relates to initiation of prosecution, reads ..... false complaint-(1) notwithstanding anything contained in this act, whoever makes any false and frivolous or section 20 of the karnataka lokayukta act, 1984, which provides for prosecution for false complaint, reads thus:-vexatious complaint under this act shall, on conviction be punished with imprisonment for a term which shall not be less than slx months but which may extend to three years and with fine which shall not be less ..... senior counsel for petitioner has relied on the provisions of sections 12 & i4 of the karnataka lokayukta act, 1984 to contend that, any person indicted in the report of lokavukta should be prosecuted in the manner provided under the karnataka lokayukta act, 1984. 40 ..... senior counsel for petitioner has submitted that in view of the provisions contained under sections 12 & 14 of the karnataka lokayukta act, 1984, there is legal bar to initiate complaint and investigation of first information report registered consequent to reference under section 156(3) cr.p.c ..... senior counsel for petitioner would submit, on the basis of reference made under section 7(2-a) of the karnataka lokayukta act, 1984, lokayukta has submitted a report under section 12{3) of the karnataka lokayukta act, 1984 .....

V.L. Shankar and anr. Vs. State of Karnataka by Its Chief Secretary an ...

Court : Karnataka

Reported in : 2006CriLJ1743; ILR2006KAR1158; 2006(2)KarLJ295; 2006(2)KLT989

..... result, the order dated 16-1-2001 (annexure-e) passed by the upa-lokayukta under section 14 of the karnataka lokayukta act, 1984 according sanction to prosecute the petitioners for offences punishable under certain provisions of the p.c. ..... writ petitions, the petitioners have challenged the order dated 16-1-2001 (annexure-e) passed by the karnataka upa-lokayukta according sanction under section 14 of the karnataka lokayukta act, 1984 ('the lokayukta act') for their prosecution for offences punishable under sections 7, 13(1)(d) r/w. ..... to the relevant text of the two provisions is necessary to examine the aspect of 'repugnancy' and its extent.section 14 of the karnataka lokayukta act, 1984:14. ..... unnecessary to go into all of them as the impugned order of the upa-lokayukta is liable to be quashed on the sole grounds that he had no power under section 14 of the lokayukta act to accord sanction for prosecution of the petitioners for offences punishable under the p.c. ..... initiation of prosecution ..... any complaint the lokayukta or an upalokayukta is satisfied that the public servant has committed any criminal offence in a court of law for such offence, then, he may pass an order to that effect and initiate prosecution of the public servant concerned and if prior sanction of any authority is required for such prosecution, then, notwithstanding anything contained in any law, such sanction shall be deemed to have been granted by the appropriate authority on the date of such order.section 19 of the .....

Shri.Shankaralingaiah Son of Late H.VeerappA. Vs. State Represented by ...

Court : Karnataka

..... this court in criminal petition no.6920/2011 and criminal petition no.6941/2011 dated 20.01.2012, for the reasons stated therein has held that there is no legal bar to initiate complaint/prosecution on the basis of report of lokayukta submitted to the competent authority under section 12(3) of the lokayukta act, more particularly when the competent authority has neither accepted nor rejected the report of lokayukta and has failed to intimate the action taken by the competent authority to lokayukta as contemplated under section 12(4) of the lokayukta act. 16. ..... paragraph 12 of the report, the lokayukta has stated thus:- "the reference has also asked me to initiate suitable action both civil and criminal but that is legally not possible because this is a reference under section 7(2-a) of lokayukta act and not an investigation or inquiry initiated by the lokayukta." 22. ..... there is no recommendation in the report of lokayukta to initiate prosecution against petitioner. ii. ..... the report of lokayukta was pursuant to reference made under section 7(2-a) of the kamataka lokayukta act, 1984 (hereinafter referred to as "lokayukta act"). ..... in a decision reported in air 1984 sc 1693 (in the case of p.jaijappan vs. .....

Shri K. Srinivasa So KedirappA. Vs. State Represented by Superintenden ...

Court : Karnataka

..... has held that there is no legal bar to initiate complaint/prosecution on the basis of report of lokayukta submitted to the competent authority under section 12(3) of the lokayukta act. ..... 11, paragraph 12 of the report, the lokayukta has stated thus:- "the reference has also asked me to initiate suitable action both civil and criminal but that is legally not possible because this is a reference under section 7(2 a) of lokayukta act and not an investigation or inquiry initiated by the lokayukta." 22. ..... the report of lokayukta under section 12(3) of the lokayukta act, submitted on 18.12.2008 cannot be basis for initiation of instant complaint. ..... for the petitioner that it would be very unsafe for the respondents or for the jurisdictional magistrate much less to this court to act upon and/or to initiate, to investigate, to prosecute or 10 pass any orders based upon the lokayukta report which is yet to be accepted by the government; or based upon the satellite maps enclosed along with the lokayukta report and relied upon by the respondents herein identifying the impugned areas as encroached areas by the petitioner, as such report or the ..... made a reference under section 7(2-a) of the karnataka lokayukta act, 1984 (hereinafter referred to as "lokayukta act"). ..... in a decision reported in air 1984 sc 1693 (in the case of p.jayappan vs. .....

Dr.D.S.Aswath. Ias. Vs. State Represented by Superintendent of Police ...

Court : Karnataka

..... this court in criminal petition no.6920/2011 dated 20.01.2012 and criminal petition no.6941/2011 dated 20.01.2012, has held that there is no legal bar to initiate complaint/prosecution on the basis of report of lokayukta submitted to the competent authority under section 12(3) of the lokayukta act more particularly when the competent authority has neither accepted nor rejected the report of lokayukta and has failed to intimate the action taken by the competent authority to lokayukta as contemplated under section 12(4) of the lokayukta act. 12. ..... paragraph 12 of the report, the lokayukta has stated thus:- "the reference has also asked me to initiate suitable action both civil and criminal but that is legally not possible because this is a reference under section 7(2-a) of lokayukta act and not an investigation or inquiry initiated by the lokayukta." 21. ..... for the petitioner that it would be very unsafe for the respondents or for the jurisdictional magistrate much less to this court to act upon and/or to initiate, to investigate, to prosecute or to pass any orders based upon the lokayukta report which is yet to be accepted by the government; or based upon the satellite maps enclosed along with the lokayukta report and relied upon by the respondents herein identifying the impugned areas as encroached areas by the petitioner, as such report or the ..... 1984 (hereinafter referred to as "lokayukta act"). ..... in a decision reported in air 1984 sc 1693 (in the case of pjayappan vs s.k.perumal). .....

Chidananda Urs B.g Vs. The State Of Karnataka

Court : Karnataka

..... section 10 of the kl act contemplates issue of search warrant; section 12 of the kl act contemplates reports of lokayukta; section 14 of the kl act contemplates initiation of prosecution; and section 15 of the kl act relates to the staff of ..... . learned senior counsel would further contend that section 15(3) lokayukta act, 1984 contemplates that without prejudice to the provisions of sub-section (1) the lokayukta or an upalokayukta may for the purpose of conducting investigations under this act utilise the services of any officer or investigating agency of the state government; or any officer or investigating agency of the central government with ..... we are of the considered opinion to make following recommendations to the state government: a) there is immediate necessity for amending section 12(4) of the karnataka lokayukta act, 1984 to the effect that once the recommendation made by lokayukta under section 12(3) of the kl act, the same shall be binding on the ..... assent to the karnataka lokayukta act, 1984; - setting up an institution of karnataka lokayukta by abolishing the vigilance commission; - government notifications dated 6.2.1991, 8.5.2002 and 5.12.2002 that authorized the lokayukta police with powers to investigate and had declared the offices of police inspectors of lokayukta as police stations; - method of appointment of lokayukta and upa- lokayukta; - strength and composition of the staff of lokayukta; - division of the staff of lokayukta into four wings .....

Sri. K.t. Nagaraja Vs. The State Of Karnataka

Court : Karnataka

..... section 10 of the kl act contemplates issue of search warrant; section 12 of the kl act contemplates reports of lokayukta; section 14 of the kl act contemplates initiation of prosecution; and section 15 of the kl act relates to the staff of ..... . learned senior counsel would further contend that section 15(3) lokayukta act, 1984 contemplates that without prejudice to the provisions of sub-section (1) the lokayukta or an upalokayukta may for the purpose of conducting investigations under this act utilise the services of any officer or investigating agency of the state government; or any officer or investigating agency of the central government with ..... we are of the considered opinion to make following recommendations to the state government: a) there is immediate necessity for amending section 12(4) of the karnataka lokayukta act, 1984 to the effect that once the recommendation made by lokayukta under section 12(3) of the kl act, the same shall be binding on the ..... assent to the karnataka lokayukta act, 1984; - setting up an institution of karnataka lokayukta by abolishing the vigilance commission; - government notifications dated 6.2.1991, 8.5.2002 and 5.12.2002 that authorized the lokayukta police with powers to investigate and had declared the offices of police inspectors of lokayukta as police stations; - method of appointment of lokayukta and upa- lokayukta; - strength and composition of the staff of lokayukta; - division of the staff of lokayukta into four wings .....

Sri T N Rangaswamy Vs. The State Of Karnataka

Court : Karnataka

..... section 10 of the kl act contemplates issue of search warrant; section 12 of the kl act contemplates reports of lokayukta; section 14 of the kl act contemplates initiation of prosecution; and section 15 of the kl act relates to the staff of ..... . learned senior counsel would further contend that section 15(3) lokayukta act, 1984 contemplates that without prejudice to the provisions of sub-section (1) the lokayukta or an upalokayukta may for the purpose of conducting investigations under this act utilise the services of any officer or investigating agency of the state government; or any officer or investigating agency of the central government with ..... we are of the considered opinion to make following recommendations to the state government: a) there is immediate necessity for amending section 12(4) of the karnataka lokayukta act, 1984 to the effect that once the recommendation made by lokayukta under section 12(3) of the kl act, the same shall be binding on the ..... assent to the karnataka lokayukta act, 1984; - setting up an institution of karnataka lokayukta by abolishing the vigilance commission; - government notifications dated 6.2.1991, 8.5.2002 and 5.12.2002 that authorized the lokayukta police with powers to investigate and had declared the offices of police inspectors of lokayukta as police stations; - method of appointment of lokayukta and upa- lokayukta; - strength and composition of the staff of lokayukta; - division of the staff of lokayukta into four wings .....