YOGESH GOWDA B M Vs. KARNATAKA LOKAYUKTA

JUDGEMENT

(1.) This revision petition is filed by the petitioner - accused under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure (for short, 'the Cr.P.C'), being aggrieved by the order passed by the Principal District and Sessions Judge, Ramanagara, in Spl.C. No.105/2012 dated 25.02.2016, dismissing the application filed by the petitioner under Sec. 19 of the Prevention of Corruption Act, 1988 (hereinafter referred as 'the Act'.) read with Sec. 239 of Crimial P.C. for discharging the petitioner of the offences punishable under Sections 7 and 13(1)(d) read with Sec. 13(2) of the Act.

(2.) The ranks of the parties before the Trial Court is retained for the sake of convenience.

(3.) The factual matrix of the prosecution case is that, the Lokayukta Police filed the charge-sheet against the accused - petitioner for the offences punishable under Sections 7 and 13(1)(d) read with Sec. 13(2) of the Act alleging that, he was trapped while demanding and receiving the bribe of Rs.15,000.00 from the complainant - one Mr. Srinivas. After the appearance of the accused before the Special Court, he moved an application under Sec. 19 of the Act read with Sec. 239 of Crimial P.C. to discharge him from that case for want of valid and legal sanction to prosecute him. He has contended that the sanction was obtained by the Investigating Officer, which was issued by the incompetent authority. Therefore, the sanction is not valid sanction in the eye of law. After hearing the prosecution and the learned counsel for accused, the Special Court dismissed the application holding that the validity of the sanction or competency of the authority for issuing the sanction could be considered only after the trial and framing of charges. There is material to proceed with the case. Being aggrieved by the said order, the petitioner filed this petition before this Court.