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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
State Rep. By The Deputy Superintendent Of Police – Appellant
Versus
G. Easwaran – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. This appeal arises out of the final judgment of the High Court of Madras1[Crl. O.P. No. 5835 of 2017 dated 21.04.2017, wherein the High Court has quashed the C.C. No. 30 of 2013.], by which criminal proceedings against the respondent under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 19882[Hereinafter “PC Act”.] for possessing assets disproportionate to known sources of income were quashed while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 19733[Hereinafter “Cr.P.C”.].
2. Facts: The relevant facts are that the respondent joined government service as a surveyor in 1980 and was working as Assistant Director with Nagercoil Local Planning Authority at the relevant time. Upon receipt of a complaint that the respondent is hoarding assets disproportionate to known sources of income earned during check period 01.01.2001 to 31.08.2008, an investigation was conducted, which revealed that he had, in fact, acquired assets worth Rs. 26,88,057/- disproportionate to his income. An FIR bearing number 11/AC/2009/CC-III was registered under Sections 13(2) read with 13(1)(e) of the PC Act on 27
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.
(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....
The validity of prosecution sanction must be evaluated at trial; minor irregularities do not nullify proceedings without evident failure of justice.
The inherent jurisdiction of the High Court to quash criminal proceedings can be invoked to prevent abuse of process, but it is limited at interlocutory stages to maintain the integrity of criminal t....
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....
Courts should exercise quashing powers sparingly and allow reasonable time for investigation before considering quashing criminal proceedings.
The judgment established that the absence of sanction can be raised at the inception and at the threshold as it goes to the root of the matter. It also emphasized that the validity or illegality of t....
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