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H. P. SANDESH
STATE BY KARNATAKA LOKAYUKTHA POLICE – Appellant
Versus
T. MANJUNATH – Respondent
ORDER :
1. These two petitions are filed challenging the order dated 23.08.2017 passed by the Trial Court in allowing the discharge application filed by the accused No. 1/petitioner and giving liberty to proceed further in accordance with law and to file charge sheet afresh after obtaining necessary sanction from the Competent Authority.
2. The factual matrix of the case of the Karnataka Lokayuktha police in Crl. R.P. No. 422/2018 is that the complainant was working as a Supervisor in M/s Prashanth Crushers Limited and the company operates many vehicles including tippers. Accused No. 1 was working as a Senior Inspector of Motor Vehicles at RTO Office, KR Puram, Bengaluru. Accused No. 1 used to threaten the drivers of tipper vehicles sating that he would seize the vehicles if they do not pay him periodical bribe. In this background, CW1-Manjunath met CW17-Sanjeevarayappa, T-Police Inspector, Lokayuktha whereupon he gave him a voice recorder to record the conversation whereby accused No. 1 was said to have made a demand for bribe amount of Rs.24,000/- and after bargaining, he reduced it to Rs.18,000/-. Since the complainant was not inclined to pay the bribe amount, he gave written info
The court established that the authority to grant sanction under the Prevention of Corruption Act must be correctly identified, and failure to do so can lead to erroneous discharge of accused.
The judgment established that the absence of sanction can be raised at the inception and at the threshold as it goes to the root of the matter. It also emphasized that the validity or illegality of t....
Point of Law : Competent authority is required to look into everything placed before it and other material, if available, at the time of considering the request for grant of sanction, as it is trite ....
A valid sanction under Section 19 of the Prevention of Corruption Act requires independent application of mind by the sanctioning authority, and any failure to do so renders the sanction invalid.
The main legal point established in the judgment is that the sanction for prosecution under the Prevention of Corruption Act must be granted by the competent authority, and subsequent government orde....
Grant or refusal of sanction for prosecution is not an empty formality – Act of according sanction for prosecution must be preceded by proper application of mind by competent authority.
The main legal point established in the judgment is that the sanction must be accorded by the Competent Authority as per Sec. 19 of the Prevention of Corruption Act, and the material collected for on....
(1) Question with regard to validity of such sanction should be raised at the earliest stage of proceedings.(2) Interlocutory application seeking discharge in midst of trial would not be maintainable....
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