E.Ramesh vs The State Rep. By The on 3 March, 2023
7.Regarding the sanction for E.Ramesh, it was submitted by the
prosecution that since he has already retired from service, there is no
necessity to obtain sanction as per section 19 of the Prevention of
Corruption Act. The learned counsel on record has now clarified on that
preposition and submitted that nevertheless even after retiring Section
197 of Cr.P.C. must be strictly complied by the prosecution. According
to him, that provision applies even to retired Government Staffs. He
would straight away rely upon the judgment of the Honourable Supreme
Court in the case of Balakrishnan Vs. State of Kerala made in Crl.A.No.
1742 of 1995. So according to him, even though such a plea was raised
by him in the earlier batch of original petitions, that was not considered.
So he cannot be prevented from raising the point once again before this
Court.