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J. B. PARDIWALA, SATISH CHANDRA SHARMA
Anil Daima Etc. – Appellant
Versus
State Of Rajasthan – Respondent
Headnote: Read headnote
ORDER
1. These petitions arise from a common judgment and order passed by the High Court of Judicature for Rajasthan, Bench at Jaipur dated 3.10.2025 by which the two Criminal Miscellaneous Petitions i.e. Criminal Misc. Writ Petition Nos. 450 and 451 of 2025, respectively, filed by the petitioners before us came to be disposed of.
2. The High Court addressed itself on two neat questions of law. The two questions of law are as under:-
Jurisdiction to investigate corruption cases – ACB of State of Rajasthan has jurisdiction to register criminal case under provisions of Prevention of Corruption Act despite the fact that accused is a....
(1) Jurisdiction to investigate corruption cases – Although law and order including investigation of different criminal cases is a State subject and generally such matters are being investigated by S....
State police or a Special Agency like VACB can investigate cases relating to corruption committed by Central Government employees under the Prevention of Corruption Act unless there is a specific pro....
Once charge sheet is filed, merely because Investigating Agency had no jurisdiction to investigate matter, charge sheet cannot be quashed.
The main legal point established in the judgment is the requirement of prior approval for investigation under Section 17A of the Prevention of Corruption Act, 1988, as amended, and its implications f....
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.
Prior approval from the competent authority is mandatory before investigating public servants under the Prevention of Corruption Act, ensuring protection against frivolous complaints.
The court affirmed that a trial court can take cognizance of offenses under the Prevention of Corruption Act based on available evidence, even in the absence of prosecution sanction at that stage.
The main legal point established in the judgment is the requirement for prior approval under Section 17A of the Prevention of Corruption Act and the need for the sanctioning authority to consider all....
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