STATE Vs. T VENKATESH MURTHY

JUDGEMENT

(1.) Leave granted.

(2.) The scope and ambit of Section 19 of the Prevention of Corruption Act, 1988 (in short the Act) falls for consideration in this appeal. State of Karnataka calls in question legality of the judgment rendered by a learned single Judge of the Karnataka High Court. The High Court upheld the order of discharge passed by the Trial Court. The respondent-accused was discharged in a criminal trial by the said order.

(3.) Background facts necessary for disposal of the appeal in a nutshell are as follows: A charge-sheet was filed against the respondent (hereinafter referred to as the Accused) for commission of offences relatable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Act. Charges were framed by the Trial Court under the aforesaid provisions. Evidence of witnesses had also been recorded. At that stage the public prosecutor filed an application stating that in view of some earlier judgments of the High Court, question relating to validating a sanction for prosecution was to be adjudicated first. The accused had no objection to it. Undisputedly, the sanction was accorded by the Superintending Engineer of the Karnataka Electricity Board (hereinafter referred to as the Board). The Trial Court referred to the Karnataka Electricity Board Employees (Classification, Disciplinary Control and Appeal) Regulations, 1987 (in short the Regulations) and held that the sanction accorded by the Superintending Engineer was not sufficient to prosecute the accused. Consequently it was held that the accused was entitled to discharge for the time being for the grant of invalid sanction. However, liberty was given to the prosecution to obtain fresh sanction and to file a fresh charge sheet. The order was assailed before the Karnataka High Court on the ground that even if it is conceded that the sanction was defective, that did not entitle the accused to an order of discharge. By the impugned order the revision application filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the Code), was dismissed.