B S. YEDDYURAPPA Vs. SIRAJIN BASHA

JUDGEMENT

(1.) Heard the learned Senior Advocate, Shri Ashok Harnahalli, appearing for the counsel for the petitioner and the learned counsel for the respondent, Shri Nitin.

(2.) The present petition is filed in the following circumstances: The petitioner is a former Chief Minister of the State of Karnataka. The respondent, along with another had sought sanction for prosecution of the petitioner by a representation made to the Governor of Karnataka, dated 28.12.2010. Sanction was sought to prosecute the petitioner under Section 19 of the Prevention of Corruption Act, 1988 (Hereinafter referred to as the 'PC Act' for brevity) as well as under Section 197 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the 'Cr.PC.,' for brevity), for alleged offences punishable under the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC' for brevity). Sanction is said to have been accorded by the Governor, by an order dated 21.1.2011, for prosecution of the petitioner for offences under Section 405 IPC and Sections 13(1)(c) and 13 (1)(d) of the PC Act.

(3.) The learned Senior Advocate would contend that a significant question of law is sought to be canvassed in this petition, namely, - Whether a private complaint can be filed under Section 190 read with Section 200 Cr.P.C., against a public servant for the offences alleged to have been committed under the provisions contained in the PC Act ?