- 1 - NC: 2025:KHC-D:599 CRL.P No. 101652 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101652 OF 2021 (482(Cr.PC)/528(BNSS)) BETWEEN: M.B.SHASHIDHAR S/O. M.B.CHANNABASAPPA, AGED ABOUT 65 YEARS, OCC. RETIRED ASSISTANT EXECUTIVE ENGINEER, PWD DEPARTMENT, R/O. NO.2834, 4TH MAIN ROAD, 3RD CROSS, M.C.C ‘B’ BLOCK, DAVANAGERE-577001. …PETITIONER (BY SRI. ARAVIND D.KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA KARNATAKA LOKAYUKTA POLICE STATION, HAVERI, R/BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. G.T.SHRISHAILAMURTHY POLICE INSPECTOR, LOKAYUKTA, HAVERI. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADV. FOR R1; SRI.G.I.GACHCHINAMATH, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH FIR REGISTERED IN CRIME NO.3/2015 ON 03.03.2015 BY THE RESPONDENT FOR THE OFFENCES PUNISHABLE U/S 13(1) (e) R/W 13(2) OF THE P.C. ACT AND CHARGE SHEET FILED BY THE RESPONDENT AND IMPUGNED ORDER DATED 12.04.2017 IN SPL. S.V.C. NO.3/2017 BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI, TAKEN COGNIZANCE AGAINST PETITIONER FOR THE OFFENCES PUNISHABLE U/S 13(1) (e) R/W 13(2) OF THE P.C. ACT AND ALL FURTHER PROCEEDINGS IN CONNECTION WITH THE SAME. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:32:44 +0530 - 2 - NC: 2025:KHC-D:599 CRL.P No. 101652 of 2021 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has been charge-sheeted for offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. 2. The case of the prosecution is that the petitioner, being a public servant, was found in possession of assets disproportionate to their known sources of income to the extent of 98%. 3. Heard the learned counsel for the petitioner and the learned counsel for respondent No.2 – Lokayukta. 4. The Superintendent of Police, under the proviso to Section 17 of the Prevention of Corruption Act, 1988, authorized the Police Inspector to investigate the offence under Section 13(1)(e) read with Section 13(2) of the said Act. Based on this authorization, the Police Inspector conducted a raid on the petitioner’s premises and recovered incriminating materials. However, the First Information Report (FIR) was registered only on 03.03.2015, more than nine months after the raid conducted on 14.06.2014. - 3 - NC: 2025:KHC-D:599 CRL.P No. 101652 of 2021 5. Admittedly, while the authorization under the proviso to Section 17 of the Prevention of Corruption Act, 1988, was issued, the raid was conducted prior to the registration of the FIR. The issue regarding the necessity of registering an FIR before proceeding further was examined by this Court in WP No. 22483/2023 and connected matters (DD 02.07.2024). This Court held that upon receipt of information regarding the alleged offence of possession of disproportionate assets by a public servant, the police are required to register an FIR first and only thereafter seek authorization from the Superintendent of Police under the proviso to Section 17 of the Prevention of Corruption Act, 1988. In the present case, while authorization was issued on 14.06.2014 and the raid was conducted on the same day, the FIR was registered only on 03.03.2015, after a delay of over nine months. 6. It is a settled principle of law that upon receipt of information about a cognizable offence, the Station House Officer must record reasons in writing for not immediately registering an FIR, in compliance with mandatory procedural requirements, and then proceed with the investigation. The failure to adhere to these mandatory provisions under the Prevention of Corruption Act, 1988, and the Code of Criminal Procedure renders the registration of the FIR and subsequent filing of the charge sheet procedurally defective. - 4 - NC: 2025:KHC-D:599 CRL.P No. 101652 of 2021 7. Therefore, the continuation of criminal proceedings against the petitioner amounts to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in Spl.S.V.C No.3/2017 on the file of the learned Principal District and Sessions Judge and Special Judge, Haveri is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 48