BENGALURU: In a relief to CBI Special Director Rupak Kumar Dutta, the High Court of Karnataka on Friday quashed the proceedings with regard to a complaint filed against him before a magistrate court.
The private complaint had alleged that the 1981 batch Karnataka cadre IPS officer, during his tenure as Karnataka Lokayukta ADGP, had enrolled into a three-year law course, without seeking permission from the state government and had misused his official position for attendance purpose.
The complainant Mallesh, had earlier approached the Lokayukta court accusing him with similar charges, but the court had dismissed the charges on the ground that the case does not fall under its purview. Later, the complainant approached the magistrate court filing private complaint, based upon which the court had ordered the police to investigate. Later Dutta approached the high court seeking to quash the entire proceedings.
Ayukta plea
The Karnataka Lokayukta has filed an application in the High Court seeking to implead itself as a party in a case with regard to one B.G. Chidananda Urs challenging the State Government taking away the powers of the Lokayukta. In its application the Lokayukta has said that it is a necessary party in the case.
It has stated that it is now unable to register FIRs in some cases as the powers of a ‘police station’ has been taken away from its police wing by the state government. Some courts have referred complaints to it for registering cases. If FIRs are not registered by the Lokayukta it would be contempt of court, but at the same time it does not have the powers to do so. Thus caught between these two issues, Lokayukta had no option but to array itself in the case. “It is submitted that in the context situation faced by the Karnataka Lokayukta institution and its police wing, it is just and necessary to permit the proposed applicant,” it has said in its petition.
The state had issued notifications by which the powers of investigation and registration of cases was taken away from the police wing of the Lokayukta. In April, the High Court had stayed the transfer of cases from the Lokayukta.
In another order the High Court had clarified that the police wing can investigate and file chargesheets and also conduct further investigations in the cases registered. However many preliminary confidential enquiries are pending and the details are confidential, hence such details are not forthcoming in the writ petition,” the application said.
