JUDGEMENT
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(1.)In this petition the petitioner / State is challenging the impugned order passed by the trial court in
Spl.C.C.No.277/2010 dtd. 8/1/2016 discharging the
accused for the offence punishable under Sec. 13(1)(e)
which is punishable under Sec. 13(2) of the Prevention
of Corruption Act, 1988 (hereinafter referred to the
'P.C.Act'). In this petition the State is seeking intervention
of the impugned order by considering the grounds as
urged and to set-aside the impugned order passed by the
trial Court.
(2.)The factual matrix of this petition is as under: In pursuance of securing the reports against the
respondent who is arraigned as accused who joined the
service as Motor Vehicle Inspector on 9/12/1991 in his
capacity as a public servant and in the said capacity he
has served in various places at Karnataka. During the
check period between 1/1/1995 to 19/12/2007 the
known source of the income of the accused was
Rs.78,70,114.00. The value of the property of the accused
and his family members was found Rs.95,22,289.00. The
expenditure of the accused during the said period was
found at Rs.53,07,182.00. The total value of the properties
and the expenditure was found at Rs.1,48,29,471.00. It is
further alleged that the accused acquired properties of the
value of Rs.69,59,357.00 which is disproportionate to his
known source of income. The said disproportionate
income is more than 88.43% of the known source of
income. It is the case of the prosecution that the accused
has committed the offence as defined under Sec. 13(1)(e) which is punishable under Sec. 13(2) of the P.C.Act.
(3.)Subsequent to initiation of the criminal prosecution against the accused by recording the FIR and
also report collected in respect of respondent / accused,
the investigating agency / Lokayukta filed the charge
sheet against the accused before the Special Court having
jurisdiction.
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