Bengaluru: The Supreme Court on Monday stayed the Anti-Corruption Body (ACB) probe against four state government officials over a disproportionate assets case.
The four officials namely, G H Nagahanumaiah, Special Land Acquisition Officer, Bangalore Development Authority (BDA); E Prakash, Deputy Director of Land Records; Nagaraj Shelagi, Regional Transport Officer and Basavaraju, executive engineer, Bruhat Bangalore Mahanagara Palike (BBMP)had approached the apex court after the High Court vacated the stay on ACB’s investigation against them.
A division bench of justice comprising S A Bobde and L Nageswara Rao while hearing special leave petitions (criminal) filed by the officials stayed the Karnataka High Court’s order on February 22, 2017, which had vacated the stay on investigation by ACB.
Advocate M S Bhagwat, on behalf of the officials argued that the office of the inspector of police, ACB, was not declared as a ‘police station’ under Section 2(s) of the Code of Criminal Procedure to register and investigate any offence. Merely because the police officer is authorised to investigate the matter, it cannot take up investigation unless it is declared as a police station. Therefore, the complaint and First Information Report (FIR) is wholly without jurisdiction and is liable to be set aside, he said.
