H.R. NAGARAJA S/O LATE RANGAPPA Vs. STATE OF KARNATAKA BY KARNATAKA LOKAYUKTA POLICE M.S. BUILDINGS BANGALORE-01

JUDGEMENT

(1.) WITH the consent of learned Counsel for parties, the matter is taken up for final disposal.

(2.) THE petitioner, working as a Junior Engineer at Hemavathi Canal Sub Division, Hedagarahalli, was prosecuted for the offences punishable under Sections 7 and 13(1)(d) r/w. 13(2) of the Prevention of Corruption Act, 1988, After investigation, charge sheet was filed. It is pending trial in Spl Case No.58/2007 on the file of II Additional District and Sessions Judge, Tumkur.

(3.) IN my considered opinion, the learned Sessions Judge before commencing the trial should have verified whether the prosecution has obtained the sanction as required under Section 19 of the Prevention of Corruption Act The objection regarding maintainability of the prosecution for want of sanction as required under Section 19(1) of the Prevention of Corruption Act, 1988 can be raised at any stage.