Judgment delivered by Apex court in Special leave petition (criminal ) 6652-53/2013 dated 1st October 2013 by Bench comprising Justice K S Radhakrishan and Justice A K Sikri has raised debate on the issue. In this case supreme court has held that in cases under P C Act 1988 special courts having jurisdiction can not direct registration of F I R under section 156(3) of cr pc against public servant without sanction of prosecution against him .
Established preposition of law as held in Tula ram v/s Kishor singh 1977 S C and Srinavas Gundluri v/s SEPCO 2010 SC cases that sanction is only required at the time of cognizance of case and order u/s 156(3) cr p c is not amounting to taking cognizance of case. In subramanium Swamy v/s Manmohan singh it has held that in complaint case against public servant in prevention of corruption case prior sanction is essential because examination of complainant amounts to taking cognizance but now in above case has held that sanction is essential against public servant in prevention of corruption case if court order investigation under section 156(3) of cr pc even that the order under section 156(3) of cr pc does not amount to taking cognizance as per the present settled legal preposition of law is definitely weakening the concept of judicial precedent.
