Supreme Court: In a challenge by Karnataka Deputy Chief Minister DK Shivakumar against to Karnataka High Court’s decision dismissing his petition seeking quashing of the FIR registered by the Central Bureau of Investigation (‘CBI’), for the offence punishable under Section 13(1)(e) read with Section 13(2) of Prevention of Corruption Act, 1988 (‘PC Act’) in the disproportionate assets case, the Division Bench of Bela M. Trivedi and Satish Chandra Sharma, JJ. dismissed his plea to quash the CBI’s case in the matter.
The Income Tax Authorities conducted raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- out of which Rs.41,00,000/- were recovered from Shivakumar. Subsequently, a complaint was registered against him under the Income Tax Act, 1961 in and on the basis of the said offence, the Directorate of Enforcement (‘ED’) registered the FIR for the offence punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (‘PMLA’). Notice was issued under Section 50 of the PMLA and then the ED sent a report to the Chief Secretary of Karnataka given consent under Section 6 of the Delhi Special Police Establishment Act, 1946 and in turn the Chief Secretary of Karnataka sanctioned on 25-09-2019, for prosecuting the case under the PC Act. Accordingly, the CBI registered FIR on 03-10-2020 for the offence punishable under Section 13(1)(e) read with Section 13(2) of the PC Act.
Vide the impugned decision, the High Court dismissed the petition and directed the CBI to complete the investigation and file the final report within three months from the date of receipt of the copy of the order. The interim stay granted by the High Court on CBI probe was also vacated.
[D. K. Shivakumar v. Central Bureau of Investigation, Diary No. – 47121/2023]
Source: Press
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