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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Arun Kumar R., S/O. Shri. Ramakrishnan – Appellant
Versus
Central Bureau Of Investigation, Anti-Corruption Branch – Respondent
ORDER :
MOHAMMAD NAWAZ, J.
The petitioner, who has been arrainged as accused No.6 in the supplementary charge sheet filed by the respondent/CBI, seeks to quash the entire proceedings pending in Special C.C.No.1629/2023, on the file of the XXI Additional City Civil and Special Judge for CBI cases (CCH-4), Bengaluru City. 2. Heard the respective learned counsels and perused the material on record.
3. The brief facts of the case, as could be seen from the material on record, are as under:
The CBI/ACB, Bengaluru vide RC 16A/2020/CBI/ACB, Bangalore dated 02.12.2020 registered a case on the complaint of Sri Basanth Chakravarthy, DGM, IDBI Bank Ltd., NPA Management Group, Bangalore against M/s. Green Organics (India) Pvt. Ltd., along with three others and other unknown public servants under Sections 120B, 420, 409, 477A of the IPC and Section 13 (2) r/w (1)(d) of the Prevention of Corruption Act, 1988 ('P.C. Act, 1988' for short).
4. The charge sheet was filed against accused Nos.1 to 6, wherein the petitioner, DGM [then AGM], IDBI, Corporate Centre Mumbai, was shown as accused No.6, for the offences punishable under Sections 120B read with 420, 409, 471 of IPC and Sections 11, 13(2) read w
The absence of sanction under the Prevention of Corruption Act does not hinder prosecution under the Indian Penal Code if the offences are distinct and not connected to official duties.
Sanction for prosecution under Section 197 of the CrPC is not applicable when a public servant's alleged offenses do not relate to their official duties.
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
Any error, omission or irregularity in grant of sanction will not affect any finding, sentence or order passed by a competent Court unless in opinion of court a failure of justice has been occasioned....
Illegal gratification - Previous sanction necessary for prosecution - Granted sanction for prosecution not maintainable - Section 19 of P.C. Act empowers sanctioning authority to protect innocent pub....
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
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