cognizance of the offence in the absence of a valid sanction
A.Mohamed Thaheer
(Querist) 12 May 2009
This query is : Resolved
Please clarify the following:
FIR filed on 28-09-2004
Sanction for prosecution was issued on 18-07-2007
Investigation completed by the police officer only on 07-05-2008, i.e nearly 11 months before completion of the investigation
Final report filed in the court on 26-06-2008
summoned on 05-07-2008
Appeared on the court as ordered by the court.
The Special Judge has got the power to deal this case under the prevention of corruption act, 1988 was issued by the Governor only on 11-01-2009.
In the above circumstance, the cognizance offence taken by the Special Judge and the initation of the process of the court under the criminal procedure code is legally valid?
The important point is that the sanction for prosecution under section 19 of the Prevention of Corruption Act, 1988 should be obtained ONLY AFTER COMPLETION OF INVESTIGATION BY THE POLICE OFFICERS AND PLACING ALL THE MATERIALS BEFORE THE SANCTIONING AUTHORITY FOR PERUSAL OF DOCUMENTS AND APPLICATION OF MIND TO HAVE KNOWLEDGE WHETHER PRIMAFACI CASE IS MADE OUT AND WHETHER IT IS NECESSARY FOR ISSUE OF SANCTION FOR PROSECUTION.
PLEASE QUOTE THE RELEVANT CITATION OF SUPREME COURT CASE LAW IN FAVOR OF THE ACCUSED.
