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2017 DIGILAW 1587 (SC)

State of Karnataka v. Linganagouda Etc.

2017-10-12

ADARSH KUMAR GOEL, UDAY UMESH LALIT

body2017
ORDER : 1. Leave granted. 2. We have heard learned counsel for the parties and perused the record. 3. The Deputy Superintendent of Police, Karnataka Lokayukta, filed a complaint dated 30.05.2014 addressed to Police Inspector, Karnataka Lokyukta Police Station, making allegations of illegal mining by certain private persons in collusion with the public servants. When the said allegation was being investigated, the respondents filed a petition before the High Court under Section 482 of Code of Criminal Procedure, 1973 challenging the proceedings on the ground that the cognizance of the offence under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 can be taken only on a complaint of a specifically authorized person. This plea has been upheld by the High Court and proceedings quashed. 4. We find that the stage of cognizance will arise only after investigation is completed and there is no bar to the investigation being carried out by the Lokayukta Police on the complaint in question particularly when the allegations include offence under the Prevention of Corruption Act, 1988. In this view of the matter, the impugned order cannot be sustained. 5. Accordingly, the impugned order is set aside and appeals are allowed. The concerned police may carry out the investigation and proceed in accordance with law.