Sri. Mahesh Chandrayya Hiremath vs The Karnataka Lokayuktha Police
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Karnataka High Court

Sri. Mahesh Chandrayya Hiremath vs The Karnataka Lokayuktha Police on 31 January, 2025

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

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                                                                    NC: 2025:KHC-D:1985
                                                                 WP No. 104276 of 2024




                                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                      DATED THIS THE 31ST DAY OF JANUARY, 2025
                                                      BEFORE
                                THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
                                      WRIT PETITION NO. 104276 OF 2024 (GM-RES)

                            BETWEEN:

                            SRI. MAHESH CHANDRAYYA HIREMATH
                            AGE: 48 YEARS, OCC: RANGE FOREST OFFICER,
                            RESEARCH SEED UNIT, DHARWAD,
                            R/O. H.NO.3, 2ND CROSS, FORTUNE PARK,
                            MUKAMBIKA NAGAR, DHARWAD.
                                                                           ...PETITIONER
                            (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)

                            AND:

                            THE STATE OF KARNATAKA
                            THROUGH LOKAYUKTHA POLICE STATION,
                            DHARWAD, REP. BY ITS SUPERINTENDENT OF POLICE,
                            NOW REP. BY SPECIAL PUBLIC PROSECUTOR,
                            FOR LOKAYUKTA, HIGH COURT OF KARNATAKA,
                            DHARWAD BENCH AT DHARWAD-580011.
                                                                     ...RESPONDENT
                            (BY SRI. SANTOSH B.MALAGOUDAR, SPP)

BK
MAHENDRAKUMAR                      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
                            227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT
Digitally signed by B K
MAHENDRAKUMAR
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.02.06 11:21:08
+0530



                            IN THE NATURE OF CERTIORARI TO ANNEXURE-C, TO QUASH
                            THE ENTIRE PROCEEDINGS ARISING OUT OF CRIME NO. 02/2024
                            REGISTERED AT KARNATAKA LOKAYUKTHA POLICE STATION,
                            DHARWAD CORRECTLY PENDING ON THE FILE OF HON'BLE
                            DISTRICT AND SESSION COURT, DHARWAD AND ETC.

                                   THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
                            'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
                            CORAM:    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
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                                                NC: 2025:KHC-D:1985
                                            WP No. 104276 of 2024




                            ORAL ORDER

1. The petitioner challenges the registration of the FIR for offences punishable under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988.

2. The respondent/Lokayukta has filed a statement of objections.

3. The prosecution alleges that during the check period in question, the petitioner, while serving as a Range Forest Officer, amassed wealth disproportionate to his known sources of income.

4. The petitioner contends that a source report was prepared on 06.02.2024 without conducting a preliminary inquiry, and on the same day, the Superintendent of Police registered the FIR and issued authorization under the Second Proviso to Section 17 of the Prevention of Corruption Act.

5. The issue of whether a preliminary inquiry is required before granting authorization and whether reasons must be assigned before granting such authorization under the Second Proviso to Section 17 was examined by a Co-ordinate Bench of this Court in Crl.P.No.1019/2024, disposed of on 25.04.2024. At paragraph 18, the Court held as follows:

"18. That apart, the police could have registered the FIR and sent the source report along with the FIR, and only then should the authorization under Section 17 of the P.C. Act have been issued by the Superintendent of Police. The learned Senior Counsel for the petitioner has rightly contended that as per the

NC: 2025:KHC-D:1985

plain reading of the Second Proviso to Section 17 of the P.C. Act, the Superintendent of Police is empowered to authorize an investigation only after the FIR has been registered under Section 154 of Cr.P.C. and investigation is initiated under Section 157 of Cr.P.C. In this regard, a Co-ordinate Bench of this Court, in the case of Udaya Ravi v. State of Karnataka, S.P. ACB/Now S.P. Lokayukta & Another (W.P. No.104906/2023 dated 20.12.2023), has taken a similar view by relying on the judgment of another Co-ordinate Bench in Balakrishna H.N. v. State of Karnataka by ACB Mysuru (W.P. No.15886/2022 dated 03.01.2023), and consequently quashed the FIR. A similar view was also taken in T.N. Sudhakar Reddy v. State of Karnataka, Lokayukta (Cr.P. No.13460/2023 dated 04.03.2024), wherein this Court, relying on the judgment of a Co-ordinate Bench, quashed the FIR."

6. The above-cited order was challenged before the Hon'ble Supreme Court in SLP No.16113/2024, and by order dated 22.01.2025, the Supreme Court dismissed the SLP, thereby confirming the order passed by the Co-ordinate Bench of this Court.

7. In view of the same, the present petition is liable to be disposed of in terms of the order passed by the Co-ordinate Bench of this Court in the aforementioned petitions. Accordingly, I pass the following:

ORDER

i) The petition is allowed.

NC: 2025:KHC-D:1985

ii) The impugned first information report in Crime No.02/2024 registered by Karnataka Lokayukta Police Station, Dharwad on the file of the District Court and Sessions Court, Dharwad, is hereby quashed.

iii) Liberty is reserved with the respondent to initiate appropriate action in accordance with law.

Sd/-

(HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh