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Even if earlier sanction u/s. 19 of PC Act was wrong even then no fresh is required

Raj Kumar Makkad ,
  28 December 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Challenge against conviction on the ground that previous sanction to prosecute the Appellant was not legally obtained as required under Section 19 of the Prevention of Corruption Act, 1988
Citation :
Kootha Perumal Vs. State Tr. Inspector of Police, Vigilance and Anti Corruption (Decided on 15.12.2010) MANU/SC/1057/2010

sanction to prosecute is an important matter; it constitutes a condition precedent to the institution of the prosecution and the Government have an absolute discretion to grant or withhold their sanction Without such sanction the prosecution would be a nullity and the trial without jurisdiction In the instant case, the sanctioning authority has adverted to all the necessary facts proved by the prosecution in the trial. Sanction order also stated that the other materials such as copy of the FIR as well as other official documents such as the different mahazars were carefully examined and it was duly recorded that the Appellant should be prosecuted for the offences committed - Hence, the sanctioning order to prosecute the Appellant was in according with law.

 
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Published in Criminal Law
Views : 3656




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