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2001 Supreme(Kar) 708

K.SREEDHAR RAO
M. NAGARAJ – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
M.S.Venugopal, S.Bhavani Singh

K. SREEDHAR RAO, J.

( 1 ) CRIMINAL Petition No. 1232/2001 is filed against the order passed in Special Case No. 43 of 1995 on the file of the Special Judge cum Principal Sessions Judge; Belgaum.

( 2 ) THE petitioner in Crl. P. 1232/2001 is charge-sheeted for an offence punishable under Sections 7, 13 (1) (d) of the Prevention of Corruption Act by the Lokayukta Police, Belgaum on the allegation that the petitioner is employed as Assistant Engineer, K. E. B. Belgaum Division. While discharging his official duties alleged to have demanded and accepted illegal gratification of Rs. 30000/- from one Abbasaheb Surendra Hulamani a K. E. S. Contractor to get his bill sanctioned. The Lokayuktha Police laid the trap successfully, on completion of investigation, obtained the sanction order from the Chief Engineer Electricity (General) Bangalore, K. E. S. and filed the charge sheet.

( 3 ) THE accused made an application I. A. I. under Section 227, Cr. P. C. seeking discharge on the ground that no valid sanction is obtained for prosecution under Section 19 of the Prevention of Corruption Act. 3a. Before the trial Court, the ruling of this Court in Criminal Petition No. 821/96, Jaffar Khan v. Stat








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