D.H.WAGHELA, B.V.NAGARATHNA
B. S. Yeddyurappa – Appellant
Versus
Sirajin Basha – Respondent
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
NGEF Limited v. Chandra Developers (P) Ltd.
Trust Mai Lachhmi Sialkoti Bradari v. Chairman
T. Barai Vs. Henry AH Hoe & another (1983 (1) SCC 177);
Zaverbhai Amaidas v. State of Bombay [(1955) 1 SCR 799];
Ratan Lal Adukia v. Union of India [(1989) 3 SCC 537];
Municipal Council v. T.J. Joseph [(1964) 2 SCR 87]
State of Orissa v. M.A. Tulloch and Co.
C. Rangaswamaiah & others V. Karnataka Lokayukta & others (AIR 1998 SC 2496);
Rohtas v. State of Haryana and another [AIR 1979 SC 1839]
Ajmer Singh v. Union of India and Others [AIR 1987 SC 1646]
Narcotics Control Bureau v. Kishan Lal and others [AIR 1991 SC 558]
Directorate of Enforcement V. Deepak Mahajan (1994) 3 SCC 440)
State of Madhya Pradesh & another V. Rameshwar Rathod (1990) 4 SCC 21)
Attiq-Ur-Rehman V. Municipal Corporation of Delhi & another (1996) 3 SCC 37)
Motilal V. Central Bureau of Investigation & another (2002)4 SCC 713)
Vivek Gupta V. Central Bureau of Investigation & another (2003)8 SCC 628)
Jeewan Kumar Raut & another v. Central Bureau of Investigation (2009) 7 SCC 526
(P.R. Chari V/s. State of U.P. AIR 1951 SC 207).
State of West Bengal V. Mohammed Khalid (1995) 1 SCC 684)
Subramanian Swamy V. Manmohan Singh and another (2012) 3 SCC 64)
(U.P.S.E.B. V/s. Hari Shankar Jain (1978) 4 SCC 16).
C. Rangaswamaiah & others V. Karnataka Lokayukta & others (AIR 1998 SC 2496
Zaverbhai Amaidas v. State of Bombay (AIR 1954 SC 752).
Rothas v. State of Haryana and another [AIR 1979 SC 1839]
(Ratan Lal Adukia V/s. Union of India (1989) 3 SCC 537)
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