The High Court of Karnataka has said special court could have proceeded against six private persons even when it rejected the private complaint against the three public servants, Mr. Yediyurappa, Mr. Somashekar, and Mr. Prakash.
The High Court, referring to apex court’s verdicts, said that the Prevention of Corruption Act allows prosecution of only the private persons for the offences under Section 8, 9 and 10 [for taking gratification to influence public servant, etc] of the Act even if no public servant is named in the complaint.
“Considering that the allegation made in the complaint is also for the offences under Sections 8, 9 and 10 of PC Act, the dismissal of complaint against the three public servants for want of sanction by the special court ought not to have resulted in closure of complaint against non-public servants,” the High Court said.
