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2013 Supreme(Kar) 769

D.H.WAGHELA, B.V.NAGARATHNA
B. S. Yeddyurappa – Appellant
Versus
Sirajin Basha – Respondent


Advocates Appeared:
For the Appellant:S.M. Chandrashekar, Sr. Counsel for Prabhuling K. Navadagi, R. Poornima, Advocates.
For the Respondent:R. Nitin, B. Siddeshwara, Advocates.

JUDGMENT :

Nagarathna, J.

1. These appeals assail the orders of the learned Single Judge dated 21/5/2013, in W.P.No.27810/2012 and W.P.No.27811/2012.

Factual Background:

2. The relevant facts are that, the appellant, who is a former Chief Minister of the State of Karnataka, had filed writ petitions invoking Articles 226 and 227 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as “Cr.P.C.”, for brevity) seeking quashing of private complaints bearing PCR.No.5/2011, now Special C.C.No.19/2012 and C.C.No.6/2011, now Special C.C.No.48/2012, filed by the respondent before the XXIII Addl. City Civil & Session Judge, Bangalore City, vide Annexure-A. The respondent along with another person had sought sanction for prosecution of the appellant on the basis of a representation made to His Excellency, the Governor of Karnataka on 28/12/2010, under Section 19 of the Prevention of Corruption Act, 1988 (hereinafter, referred to as “the P.C. Act”, for brevity) as well as under Section 197 of the Cr.P.C. for offences alleged under Indian Penal Code, 1860 (hereinafter, referred to as “IPC”, for short) as well as under P.C. Act. Sanction for prosecut




























































































































































































































































































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