MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are placed before this Division Bench on a reference made by a learned Single Judge of this Court doubting the correctness of the interpretation of sub-section (6) of S.5 of the Prevention of Corruption Act, 1988 made by this Court in H.C. Sathyan vs. State, 2012 CrLJ 387).

(2.) In H.C. Sathyan, the learned Single Judge has held that the power to pass an order of attachment etc., conferred on a District Judge under The Criminal Law Amendment Ordinance, 1944 (Ordinance No.XXXVIII of 1944) ('the ordinance' for short) in connection with the offences punishable under the Prevention of Corruption Act, 1988 ('the Act') is given to a Special Judge under sub-sec. (6) of S.5 of the Act only during the trial of the offence and such power cannot be exercised during investigation, pre-trial and post-trial stages of the case.

(3.) We have heard the learned counsel, perused the order of reference and the judgment in H.C. Sathyan and also the judgment of the Kerala High Court in V.K. Rajan vs. State of Kerala, 2008 CrLJ 909).