Yunus Zia vs State Of Karnataka & Anr

Further, it has been contended by the learned senior counsel for the respondents that the second respondent has registered the case on the basis of the abovementioned report published in the Newspaper referred to supra, after satisfying himself with the fact that the material information published in the aforesaid newspapers are cognisable offences punishable under Section 420 and 120B of the IPC, for which he can suo-moto register a complaint in the Police Station attached to the Lokayukta. He has further made the categorical submission that the case is neither registered against the appellant on the complaints submitted to the Lokayukta or Upalokayukta, in the prescribed form by the second respondent nor the due procedure contemplated under Section 9(2) & (3) of the Act has been followed after holding preliminary enquiry. Thus, he has made it very clear that the initiation of the proceedings against the appellant is not under the provisions of the Lokayukta Act but the same has been done in accordance with the provisions of the CrPC and the second respondent who is attached to the Police Station of Lokayukta can register the FIR and investigate the case independently against the appellant as held by this Court in the cases referred to supra. Therefore, the learned senior counsel for the respondents has fairly submitted that if the appellant has got any grievance or apprehension for registering and investigating the case against him by the second respondent, then this Court may pass the appropriate order to transfer the case to any police agency in the state. He has placed reliance upon the cases referred to supra and has further made it clear that transferring of the case registered by the second respondent to any other police agency in the State of Karnataka shall not be henceforth construed or understood as an act beyond the scope of authority of the Lokayukta Police to register case/cases against such persons and investigate the offences under the provisions of the CrPC or under the P.C.Act.

Having regard to the facts and circumstances of the case, it would be just and proper for this Court to see that justice is meted out and the case is fairly investigated by the Corps of Detectives (COD) of the State. The said investigation shall be entrusted to an officer of the rank equivalent to the Superintendent of Police in the COD.

For the foregoing reasons and the decisions of this Court referred to supra, we direct the second respondent to transmit the FIR to the COD Bangalore for further investigation in the matter. The COD represented by the Director General of Police must entrust the same to the officer of the rank of Superintendent of Police for conducting impartial investigation and proceed with the matter in accordance with law.

We make it amply clear that the direction is given to second respondent to transfer the case registered against the appellant to COD, keeping in view the facts and circumstances of this particular case only and it shall not be construed as precedent for any future case(s) before the Lokayukta or the courts. In view of the judgments of this Court referred to supra, we hold that the second respondent has the right to register a cognizable offence against any person under the provisions of the IPC, CrPC and the P.C. Act. The same shall be legal and valid.

The appeal is dismissed. The order dated 05.01.2015 granting stay of further proceedings shall stand vacated.

..................................................................J. [V. GOPALA GOWDA] ..................................................................J. [C. NAGAPPAN] New Delhi, April 9, 2015 ITEM NO.1B-For JUDGMENT COURT NO.11 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s)........./2015 arising from SLP(Crl.) NO. 108/2015 YUNUS ZIA Appellant(s) VERSUS STATE OF KARNATAKA & ANR. Respondent(s) Date : 09/04/2015 This appeal was called on for hearing today.

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