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2007 Supreme(SC) 1196

S.B.SINHA, HARJIT SINGH BEDI
State of Karnataka – Appellant
Versus
Ameer Jan – Respondent


judgment

S.B. SINHA, J. —

1. Interpretation and/ or application of the provisions of Section 19 of the Prevention of Corruption Act, 1988 (for short “the Act”) falls for our consideration in this appeal which arises out of a judgment and order dated 19.06.2000 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 222 of 1995.

2. Respondent herein was working as a Second Division Assistant in the Office of the Registrar of Firms and Cooperative Societies. D.V. Thrilochana (PW-3) approached him for grant of a certificate. He allegedly demanded a sum of Rs. 300/- from him. He was put to trial for alleged commission of an offence under Sections 7, 13(1)(d) read with 13(2) of the Act.

3. An order of sanction was issued by the Commissioner of Stamps solely relying on or on the basis of a purported report issued by the Inspector General of Police, Karnataka Lokayuktha. The purported order of sanction being dated 20.07.1992 reads as under:

“In exercise of the powers conferred under Section 19(1)(c) of the Prevention of Corruption Act, 1988, I hereby accord sanction to prosecute Sri Ameerjan, Second Division Assistant in the office of the Registrar of Firms and Societies, Ban



























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