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J. B. PARDIWALA, MANOJ MISRA
B. S Yeddiyurappa – Appellant
Versus
A Alam Pasha – Respondent
ORDER
1. We heard these matters at length across several dates and concluded the hearing on 04.04.2025 framing, inter alia, the following questions for our consideration:
II. Whether the considerations which weigh with the appropriate authority or government while granting approval under Section 17A of the PC Act are fundamentally so different from the one that a Magistrate is ordinarily expected to apply while passing an order under Section 156(3) of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”) so as to preclude the Magistrate from fulfilling the object underlying Section 17A of the PC Act? In other words, whether the considerations under Section 17A of the PC Act are of such a nature that they are necessarily beyond the ambit or scope of consideration by a Magistrate while directing an investigation under Section 156(3) of the Cr.P.C.?
III. As a natural coroll
Applicability of bar of Section 19 of Prevention of Corruption Act, 1988 on exercise of power under Section 156 (3) of Cr.P.C., requires further consideration.
Bare perusal of Section 17A of P.C. Act would indicate bar for enquiry, inquiry or investigation into an offence under the P.C. Act is on the Police Officer.
Initiation of criminal proceeding – Absence of approval as contemplated in Section 17A of Prevention of Corruption Act, 1988 for conducting enquiry, inquiry or investigation of offences alleged to ha....
Persons authorised to investigate - Misappropriation of funds - Scope of S. 17A - An approval under S. 17A for conducting any enquiry, inquiry or investigation was warranted only when act done by acc....
Prior sanction is mandatory for investigating public servants under the Prevention of Corruption Act, distinguishing between investigation and cognizance stages.
Point of Law : High Court was absolutely right in setting aside the order of the Special Judge. Unlike Section 19 of the PC Act, the protection under Section 197 CrPC is available to the public serva....
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