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HomeLawKarnataka High Court declines to quash criminal proceedings against MLA CS Puttaraju

Karnataka High Court declines to quash criminal proceedings against MLA CS Puttaraju

Further, the Court considered whether sanction under Section 19 (previous sanction necessary for prosecution) was required under the Prevention of Corruption Act.

In 2018, Section 19 of the Act was amended to read that sanction is needed when the offence is allegedly committed by a person “who is employed, or as the case may be, was at the time of commission of the alleged offence employed”. Prior to the amendment, sanction was required only if the person was currently employed at the time when cognisance of the offence is taken.

In the present case, the chargesheet was filed in the year 2016, after his period of office from 2008 to 2013, and prior to the 2018 amendment, therefore of sanction for prosecution would not be required, the Court held.

Source: Barandbench

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