K CHANDRASHEKARA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has been convicted for the offence punishable under Section 7 r/w Section 13(1)(d) r/w 13/2 of the Prevention of Corruption Act 1988, in CC No.10/2007 by the order dated 27/2/2013 passed by the Prl. Sessions (Special) Judge, Bellary.

(2.) THE appellant has challenged the order of conviction on various grounds, of which principal ground is that the competent authority has not given a valid sanction to prosecute the appellant, hence, the trial judge has committed an error in not examining as to whether the valid sanction has been given by the Government or not. Unless the valid sanction is obtained the prosecution could not have been launched against the prosecution. Hence, the entire proceedings is to be set aside.

(3.) BEFORE going to the other grounds raised on merits, this Court felt that the preliminary question with regard to obtaining sanction for prosecution is to be decided. Hence, both the parties were directed to confine their submission with regard to the valid sanction.