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The special court for corruption cases, in its order, rejecting the ‘B report’ (closure report for lack of evidence) has said examination of the complaint will be held by the court under Section 200 of the Criminal Procedure Code.
It allows for the court to take cognisance of the complaint and initiate the examination itself.
Judge K Lakshminarayana Bhat heard a protest memo filed by the complainant in the case, Mallikarjun M B.
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Chandrashekar, then a constable in the Vyalikaval police station, is said to have received Rs 5 lakh bribe to cover up this issue.
The then ACP of Seshadripuram sub-division Daneshwar Rao and Vyalikaval police inspector Shankarachari were accused of receiving the Rs 5 lakh through Chandrashekar on September 1, 2014.
The following day, they allegedly sought Rs 1 crore bribe from Mallikarjun in the name of the then Additional Commissioner of Police, Alok Kumar.
They had allegedly threatened to book Mallikarjun under serious criminal charges if he did not pay up within 48 hours.
Mallikarjun’s complaint to the Lokayutka also contained audio recordings of his conversations with constable Chandrashekar.
Mallikarjun also accused that his relative Putte Gowda, sub-inspector in the Vyalikaval police station, was suspended to put pressure on him to pay the bribe.
Putte Gowda had also confirmed this allegation in his statement before the Lokayukta police.
After seven years, the Lokayukta police concluded the investigation and on March 19, 2022, filed a report in the court filing a ‘B report’ stating there was no evidence against Shankarachari and Daneshwar Rao.
Only constable Chandrashekar was named as accused in the FIR. Mallikarjun filed the protest memo over the ‘B report’ in March this year and the special court gave its judgment on December 13.
In its order, the court has said the Lokayukta police have not considered the statements of Putte Gowda.
The investigating officer has rejected Gowda’s claims. But it was for the court to decide if the witness statements had to be rejected or accepted and not the investigating officer, the court said.
The court said that there was enough evidence in the case to proceed against the accused. It said the Lokayukta police report was not comprehensive and transparent.
The report itself contains enough evidence to issue summons and interrogate the accused, the court said rejecting the ‘B report’.