The Special Lokayukta Court on Tuesday made a reference to the High Court, seeking clarity on a judgement delivered by the High Court, which has an impact on all cases before the Lokayukta Court.
The reference was made on an application filed on the judgement given in the case filed by former advocate general B V Acharya. T J Abraham has filed the application seeking clarity on the judgement, which he argues is contrary to many Supreme Court judgments.
The judgement delivered in the Acharya case, seeking the quashing of the proceedings against him by the Lokayukta police, had ruled that the lower court judge could not order police investigation without prior sanction for prosecution.
K V Dhananjay, the counsel for Abraham, argued that the law as laid down in the Acharya case is to the effect that where a Special Judge constituted for trial of offences under the Prevention of Corruption Act, 1988, applies his mind to the allegations or to the offences, he is said to have taken ‘cognisance’ of those very allegations.
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