B. VINOD Vs. K.S. ESHWARAPPA

JUDGEMENT

(1.) These petitions are heard and disposed of by this common order, as the issues involved are similar.

(2.) It is contended by the learned counsel for the petitioner that in respect of all the complaints, the court below has consistently proceeded to summarily dismiss the complaints, only on the ground that if the alleged offences had been committed at a point of time when the respective accused were holding public office, it was imperative that a sanction under Section 197 of the Cr. P.C. accompanied the complaints and has held that the complaints were hence not maintainable.

(3.) The learned counsel for the respondents, on the other hand, would each seek to justify the orders impugned. A large number of authorities are cited to sustain the impugned orders. It is contended on behalf of those of the respondents-accused, who continue to hold public offices, though in another capacity-other than the office which is alleged to have been misused, that the mandatory requirement of a sanction contemplated under Section 19 of the PC Act, would also be attracted in respect of the alleged offences punishable under the provisions of the PC Act is concerned, apart from the fact that Section 197 Cr. P.C. contemplates a sanction for prosecution of even an erstwhile public servant.