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THE HIGH COURT OF KARNATAKA
Anu Sivaraman, Tara Vitasta Ganju, JJ
Karnataka Lokayukta Police – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. factual history regarding the refusal of sanction for initiating prosecution against a public servant. (Para 1 , 2) |
| 2. appellant arguments emphasizing the right to seek judicial review of sanction denial. (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondents' arguments regarding the maintainability of the writ appeal and inherent protection of government servants. (Para 8 , 9 , 10 , 11 , 12) |
| 4. determination of whether the writ appeal falls under the constitutional jurisdiction of the high court. (Para 13 , 14 , 15 , 16 , 17) |
| 5. court's finding that the government's discretionary refusal of sanction requires no interference. (Para 18 , 19 , 20 , 21) |
CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
1. This writ appeal is preferred against the Order dated 13.12.2021, passed by the learned Single Judge in W.P.No.48249/2018 (GM-RES). The Writ Petition was filed by the appellant herein purportedly under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 praying to quash the Order dated 28.01.2017 issued by the Government declining to accord sanction to prosecute respondent No.3.
2. Respondent No.3 was a Government Serv
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