JUDGEMENT
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(1.) Interpretation and/ or application of the provisions of Section 19 of
the Prevention of Corruption Act, 1988 (for short "the Act") falls for our
consideration in this appeal which arises out of a judgment and order dated
19.06.2000 passed by the High Court of Karnataka at Bangalore in Criminal
Appeal No. 222 of 1995.
(2.) Respondent herein was working as a Second Division Assistant in the
Office of the Registrar of Firms and Cooperative Societies. D.V.
Thrilochana (PW-3) approached him for grant of a certificate. He allegedly
demanded a sum of Rs. 300/- from him. He was put to trial for alleged
commission of an offence under Sections 7, 13(1)(d) read with 13(2) of the
Act.
(3.) An order of sanction was issued by the Commissioner of Stamps
solely relying on or on the basis of a purported report issued by the Inspector
General of Police, Karnataka Lokayuktha. The purported order of sanction
being dated 20.07.1992 reads as under:
"In exercise of the powers conferred under Section
19(1)(c) of the Prevention of Corruption Act,
1988, I hereby accord sanction to prosecute Sri
Ameerjan, Second Division Assistant in the office
of the Registrar of Firms and Societies, Bangalore,
Urban District, Bangalore for offences punishable
under Section 7 and 13(1)(d) read with 13(2) of the
Prevention of Corruption Act, 1988 in the
competent court of law.";
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