The central legal point established is the requirement of valid prosecution sanction under the Prevention of Corruption Act and the interpretation of appointing authority as per the relevant rules.

BHAKTHAVATSALA, J.

( 1 ) THIS is a Criminal Revision Petition filed by the State under section 397 read with Section 401 of the Code of Criminal Procedure, directed against order dated 24. 2. 1996 passed in Spl. Case no. 17/ 95 on the file of Special Judge, Bangalore, discharging the respondent/accused for the offences punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, on the ground of invalid sanction for prosecution of the respondent/accused.

( 2 ) THE Respondent/accused is represented by the learned advocate, Sri A. V. Srinivas.

( 3 ) FOR the purpose of convenience, the Respondent is referred to as the Accused as arraigned in the Trial Court.

( 4 ) THE brief facts of the case leading to the Revision Petition may be stated as under: the Respondent / Accused being a Public Servant, while officiating as a Sub-Inspector of Police, Bidadi Police Station on 3. 8. 1993, demanded a bribe of Rs. 1,500/- from the Complainant/sri s. V. Ravi for showing an offical favour ie. , for not registering a case against him and in furtherance of the demand, the Accused received a part payment of Rs. 500/- from the Complainant on the very same day morning and again on 3. 8. 1993 at 3. 30 p. m. the Accused demanded and accepted the balance bribe amount of Rs. 1,000/- from the Complainant. On the basis of the Complaint, Lok Ayuktha police arranged trap proceedings and the Accused was trapped. The Investigating Officer, after obtaining sanction from the Deputy inspector General of Police, Central Range, laid charge sheet against the Accused for the above -said offences. Thus, the Case came to be registered in Special Case No. 17/95 on the file of Special Judge, bangalore. After the Accused entered appearance in the above-said case, his Counsel argued before the Special Judge contending that there was no valid sanction to prosecute the Accused. The learned special Judge, for the reasons recorded by him, held that there was no valid sanction to prosecute the Accused and therefore discharged the Accused for the offences alleged against the Accused. This is challenged in this Revision Petition.

( 5 ) AS a matter of fact, the present Revision Petition came to be disposed of by order dated 25. 11. 1997 by Mr. Justice S. R. Bannurmath. The learned Judge, for the reasons recorded by him, dismissed the Revision Petition, with an observation that it was open for the prosecution to initiate proper proceedings in accordance with law, if so desired. The State, feeling aggrieved, preferred Criminal appeal No. 315/2000 before the Hon ble Supreme Court of India. The Apex Court, by order dated 31. 3. 2000, disposed of the abovesaid criminal Appeal, with an observation that the documents on which the State wants to rely upon in support of its contention have not been placed before the High Court and the High Court had no opportunity to examine the correctness of the submission of the State. Therefore, the order passed by the learned Single Judge of this court on 25. 11. 1997 was set aside and the matter was remitted back to this Court for re-consideration and dispose of the case in accordance with law. Therefore, the case is restored on File for further proceedings.

( 6 ) THE State has produced the following six documents for perusal of this Court:- document No. (1) : DG and IGP memo bearing No. E4c/16/81- 82 dated 11. 7. 1985 with regard to Recruitment of Police Sub- inspectors (Civil) 1981. Document No. (2): DIG of Police, Training, memo bearing No. TRG-I-33/85-86 dated 13. 8. 1985 with regard to Recruitment of probationary PSIs (Civil) cum appointment orders along with list of 49 candidates. Document No. (3): Copy of Home Secretariat notification dated 6. 10. 1967 relating to Mysore State Police Services (Recruitment) rules, 1967 (Pages 1619-1641 ). Document No. (4): Copy of notification bearing No. DPAR 13 srd 94 dated 15. 9. 1994 regarding Karnataka State Police Services (Recruitment) Rules, 1967. Documen

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