Karnataka HC declines to quash probe against KAS officer, husband in DA case

Bengaluru: The Karnataka High Court has dismissed a petition filed by K Sudha, a Karnataka Administrative Service officer, and her husband Stroiny Joseph Pias, challenging proceedings in a disproportionate assets (DA) case.

Justice M Nagaprasanna observed that it is for the petitioners to prove their innocence in a full-fledged trial, as the case is "shrouded with huge corruption and prima facie, material available on the strength of enormous documents collected during the investigation". 

An FIR was registered in 2020 when Sudha was Assistant Commissioner and Land Acquisition Officer of the Bangalore Development Authority (BDA).

The Lokayukta court ordered the probe on a complaint by activist TJ Abraham, who alleged that Sudha collected illegal gratification from property owners in various BDA layouts.

Sudha argued that no prior approval under Section 17A of the Prevention of Corruption (PC) Act was obtained before initiating the probe. She also cited the Priyanka Srivastava case to claim that the complaint was invalid as it lacked an affidavit showing compliance with CrPC Section 154(1) and 154(3).

The complainant said approval under Section 17A was accorded, and Special Public Prosecutor B Lethif, for the Lokayukta, argued that such approval was not required for disproportionate assets cases.

Justice Nagaprasanna held that offences alleged were under Section 13 of the PC Act, which does not require prior approval.

Referring to the Apex Court judgment in the Anurag Bhatnagar Vs NCT Delhi case, the court said that while ordinarily a private complaint must show compliance with CrPC Section 154(1) and 154(3), a magistrate may still order an investigation under Section 156(3).