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MANOJ MISRA, J. B. PARDIWALA
B. S. Yeddiyurappa – Appellant
Versus
A Alam Pasha – Respondent
ORDER :
1. Arguments concluded.
2. Broadly the following questions fall for consideration of this Court:-
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 corollary of the aforesaid, could it be said that once a Magistrate has a
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.
Section 17A of the Prevention of Corruption Act requires prior approval for investigating public servants, but its absence does not invalidate proceedings; corrective measures can be taken later.
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....
Criminal prosecution of public servant – No camouflage proceedings can be permitted to get over rigour of Section 17A of P.C. Act – Sanction obtained post facto under Section 19 of P.C. Act cannot cu....
The central legal point established in the judgment is the interpretation and application of Section 17A of the PC Act, 1988, which restricts the requirement of prior approval for initiating enquiry/....
Section 17A of the PC Act does not have retrospective operation.
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....
Previous approval under Section 17-A of the Prevention of Corruption Act is not required for investigating offences of disproportionate assets by public servants.
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