Criminal case

Querist : Anonymous (Querist) 30 January 2011 This query is : Resolved
Can a court continue Criminal case registered u/ss 120B,420,467,468,471 of IPC & under Sec 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 against a Bank Officer even after the court has discharged the accused from the offences punishable u/s 13(2) r.w. Section 13(1)(d) citing that the Bank has refused to give permission to the investigating agency to prosecute the Officer. When the offence under the provision of Prevention of Corruption Act is not made out, how can court continue with the sections of IPC.

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Advocate. Arunagiri (Expert) 30 January 2011
Sanction from the bank is mandatory for prosecuting the bank officer. Without this the court can not proceed.

s.subramanian (Expert) 31 January 2011
The court can proceed for the offences under the Indian Penal code for which no sanction is required. If you are aggreived you can seek quashing of the same under Sec.482 before the High Court. I hope you have a good case for quashing.

Ajay Bansal (Expert) 31 January 2011
Agreed with Subramanian.

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