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2005 Supreme(SC) 523

ARIJIT PASAYAT, S.H.KAPADIA
K. Kalimuthu – Appellant
Versus
State of by D. S. P. – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. All these appeals involve identical question of law and are, therefore, taken up together. In each of these cases, on the allegation that the appellant was guilty of various offences under the Indian Penal Code, 1860 (in short the ‘IPC’) and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (in short the ‘Act’), information was lodged, investigation was undertaken and on completion of investigation, charge sheet was filed. The appellant in each case filed petition before the Principal Special Judge for CBI cases, Chennai, contending that in the absence of requisite sanction under Section 197 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) it was beyond jurisdiction of the Court to take cognizance of the alleged offences. The stand taken in the petitions was that the alleged acts were directly and reasonably connected with official duty and since there was a direct nexus and relationship between the discharge of his alleged act and the official duties and because of the absence of requisite sanction as contemplated under Section 197 of the Code, cognizance could not have been taken. The plea fou





























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