LAWS(KAR)-2016-4-43

THE STATE Vs. SADASHIVA S. YELAGOD

Decided On April 01, 2016
THE STATE Appellant
V/S
Sadashiva S. Yelagod Respondents

JUDGEMENT

(1.) The petitioner- Sadashiva S. Yelagod ( hereafter referred as Accused) as well as the State through the Karnataka Lokayuktha Police (herein after referred as "State" for short) have called in question the order dated 15.03.2008 passed by the Principal Sessions Judge at Gulbarga in Spl. Case No. 128/2007, wherein the learned Sessions Judge has rejected the application under Section 227 of Cr.P.C. filed by the accused and ordered to return the charge-sheet to the State with liberty for them to file charge-sheet against the petitioner after obtaining necessary sanction to prosecute him. However accused was not discharged and proceedings were kept pending.

(2.) The Accused has filed this Cri.R.P. No. 200072/2015 (Cri.P. No. 2579/2008 filed earlier was withdrawn later with liberty to file a Revision Petition vide order dated 30-11-2015), wherein the State has filed Cri.R.P. No. 659/2008 before this Court.

(3.) The accused is aggrieved by the order passed by the learned Principal Sessions Judge by stating that the trial Court has not properly appreciated the material on record and erroneously held that he is a "Public Servant". It is the main contention of the accused that he is was not a public servant at all at any point of time and therefore, the provisions of Prevention of Corruption Act, 1988 (for short, "P.C. Act") are not tenable and therefore, on that ground, he prayed for his discharge.