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BELA M. TRIVEDI, PRASANNA B. VARALE
State of Punjab – Appellant
Versus
Hari Kesh – Respondent
JUDGMENT
1. Leave granted.
2. The present appeal, filed by the appellant-State of Punjab, is directed against the impugned judgment and order dated 20.05.2019, passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 11994 of 2019 (O&M), whereby the said petition, filed by the respondent-accused seeking quashing of Sanction Order dated 19.11.2018, in the case arising out of F.I.R. No. 02 dated 10.01.2024, registered at Police StationVigilance Bureau, Patiala Range, Patiala for the offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short “the Act”), has been allowed and the consequent proceedings arising therefrom have been set aside.
3. Heard learned counsels for the parties.
4. It is sought to be submitted by the learned counsel for the appellant-State of Punjab that the High Court had passed the impugned order when the trial had already commenced and the prosecution had already examined seven witnesses. Learned counsel places heavy reliance on the decision of this Court in the case of State of Karnataka, Lokayukta Police Versus S. Subbegowda (2023 SCC Online SC 911), to submit that the High Court has committed an error in qua
Quashing of Sanction Order – Whether Sanction has been granted by competent authority or not, would be a matter of evidence – High Court should not have quashed Sanction Order and consequent proceedi....
Inherent Jurisdiction – While bar under Section 397(3) of Cr.P.C. does not curtail remedy under Section 482 of Cr.P.C., inherent powers must be exercised sparingly.
The validity of prosecution sanction must be evaluated at trial; minor irregularities do not nullify proceedings without evident failure of justice.
(1) Question with regard to validity of such sanction should be raised at the earliest stage of proceedings.(2) Interlocutory application seeking discharge in midst of trial would not be maintainable....
Point of law : Section 19(3) of the PC Act indicates that it deals with three situations: (i) Sub-Clause (a) deals a situation where a final judgment and sentence has been delivered by the Special Ju....
Sanction for prosecution – Substantial principle of requiring sanction for prosecution and at the same time principle in not negating sentence or order of a court of competent jurisdiction are both i....
Point of law : Sanctioning authority while granting sanction ought to have recorded their satisfaction that on what basis he arrived at the conclusion to grant sanction.
The sanctioning authority should exercise its authority independently, and subsequent sanction on the same material is impermissible.
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