M. SRINIVAS Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed seeking quashing of the Private Complaint registered in PCR No. 17/2012 lodged by the second respondent herein and consequent referring of the matter u/s. 156(3) of Cr.P.C. for investigation and registration of Crime No. 37/2012 by Lokayuktha Police, for the offences punishable under Section 13(1)(b)(d)(I)(II)(III)(e) and 13(2) of the Prevention of Corruption Act, 1988 and also u/s. 120B, 420, 465, 468 of the IPC.

(2.) THE brief factual matrix as could be seen from the records are that:

(3.) SRI Ashok Harnahalli, learned Senior Counsel for the petitioner strenuously contended before this Court that the complaint filed by the respondent No. 2 is not maintainable as the same is not supported by a valid sanction order issued by the competent authority. He submits that in view of the latest pronouncement of the Hon'ble Apex Court in the case of Anil Kumar vs. M.K. Aiyappa reported in : 2013 (10) SCC 705, the complaint itself is not maintainable without a valid sanction Order by the competent authority. He contended that, for maintaining the complaint or referring the same to the Police for investigation u/s. 156(3) of Cr.P.C., even at the pre -cognizance stage, sanction is an absolute legal requirement. Though there are some other grounds to be urged, the learned counsel for the petitioner did not urge all those grounds, but mainly concentrated on the above said sole ground.