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Head Note

The Code of Criminal Procedure, 1973  - Section 2 , Section 482

Karnataka Lokayukta Act, 1984 - Section 9 - Non-compliance of - Suo motu registration of complaint at police station attached to Lokayukta against appellant by second respondent (Inspector of police) on basis of newspaper reports - Allegations made under Sections 120B and 420 IPC and under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 - Petition for quashing proceedings dismissed by High Court - fHeld, second respondent found cognisable offence after being satisfied with the material facts published in the newspapers. Though he was on deputation to Lokayukta, he being an Inspector of police, was attached to the State and could register FIR and investigate the case independently under Section 2(d) Crpc. There was no need to register an FIR under Section 9 of the Act. He had the right to register a cognizable offence against any person under the provisions of the IPC, CrPC and the P.C. Act. Direction given to transfer the FIR to COD for further investigation. However such transfer not to be treated as precedent.

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