SHANKARAPPA K.A.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the senior counsel Sri Ravi B. Naik and Sri Venkatesh P Dalwai, representing Lokayukta.

(2.) THE short question that arises before this Court in this criminal revision petition filed under Section 397 of Cr.P.C. is as follows:

(3.) LOKAYUKTA police choose to file a charge sheet against this petitioner before the Special Court dealing with the offences under the Prevention of Corruption Act on the ground that no sanction was required as the public servant had retired from the service. This was objected to by filing an application under Section 239 of Cr.P.C. After hearing elaborate arguments from the learned counsel appearing for the parties, the learned Special Judge, Chamarajanagar has chosen to reject the said application on the ground that no sanction is required to prosecute a public servant after he has attained the age of superannuation.