- 1 - NC: 2025:KHC-D:486 WP No. 106264 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 106264 OF 2023 (GM-RES) BETWEEN: SANTOSH S/O. SHARNAPPA ANISHETTAR, AGED 47 YEARS, OCC. REVENUE OFFICER, WORKING AT BELAGAVI MUNICIPAL CORPORATION, R/O. MICHIGAN LAYOUT, SAPTAPUR, DHARWAD 580001. …PETITIONER (BY SRI. MALLIKARJUNSWAMY B. HIREMATH; SMT. KAVERI M.HIREMATH, ADVOCATES) AND: 1. SUPERINTENDENT OF POLICE KARNATAKA LOKAYUKTA POLICE, DHARWAD-580001. 2. DEPUTY SUPERINTENDENT OF POLICE KARNATAKA LOKAYUKTA POLICE, DHARWAD-580001. 3. POLICE INSPECTOR KARNATAKA LOKAYUKTA POLICE, DHARWAD-580001. … RESPONDENTS (BY SRI. SRINIVAS B. NAIK, ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH 482 OF CRIMINAL PROCEDURE 1973, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING FIR IN CRIME NO.6/2023 BY LOKAYUKTA POLICE STATION, DHARWAD FOR OFFENCES PUNISHABLE UNDER SECTION 13(1)(B) R/W SECTION 13(2) OF PREVENTION OF CORRUPTION ACT, 1988 WHICH IS PRODUCED AT ANNEXURE-G INSOFAR AS PETITIONER IS CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:09:30 +0530 - 2 - NC: 2025:KHC-D:486 WP No. 106264 of 2023 THIS PETITION, COMING ON FOR INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has filed a writ petition challenging the registration of the First Information Report (FIR) for offences punishable under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988. 2. The case presented by the prosecution alleges that the petitioner, a public servant, is in possession of assets disproportionate to his known sources of income. The petitioner contests the registration of the FIR on the primary ground that a preliminary enquiry was not conducted before the registration of the FIR. Additionally, the petitioner argues that the registration of the FIR, following the authorization granted under the second proviso to Section 17(2) of the Act, is impermissible. This issue has already been conclusively addressed in the decision of this Court in W.P.No.22483/2023 and the connected petitions, disposed of on 02.07.2024. 3. The petitioner further contends that the Anti- Corruption Bureau had previously conducted a preliminary enquiry regarding the same allegations. After the completion of - 3 - NC: 2025:KHC-D:486 WP No. 106264 of 2023 the preliminary enquiry, the petitioner argues, it is impermissible to register an FIR based on the same set of allegations. 4. After considering the arguments, without addressing these contentions in detail, the present petition is disposed of in accordance with the order passed in W.P.No.22483/2023. Consequently, the petition is allowed, and the impugned FIR in Crime No.6/2023, registered by the Lokayukta Police, Dharwad, is hereby quashed. In view of disposal of the petition, pending applications if any, do not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE EM CT:PA List No.: 1 Sl No.: 12