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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MEHROZ K.PATHAN
Shamkant, S/o Dattatraya Thombre – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. revision challenges discharge denial absent sanction. (Para 1 , 2 , 3 , 4 , 5) |
| 2. sanction mandatory for retired public servants. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. no sanction needed post-retirement. (Para 12 , 13) |
| 4. pc act sanction unnecessary if retired pre-cognizance. (Para 14 , 15 , 16) |
| 5. ipc offences exempt from s197 crpc sanction. (Para 17) |
| 6. exoneration, age insufficient for quashing prosecution. (Para 18 , 19 , 20) |
| 7. revision dismissed; expedite trial. (Para 21 , 22 , 23) |
JUDGMENT :
MEHROZ K. PATHAN, J.
1. The present Revision Application is filed by the Applicant seeking quashing and setting aside of the order dated 08.02.2008 passed by the learned Special Judge and Additional Sessions Judge, Jalna, below Exhibit-134 in Special (SPA) No.2/2005, whereby the Applicant’s request for quashing of the prosecution and for discharge was rejected.
2. This Court vide its order dated 17.06.2008 admitted the Revision and stayed the proceedings before the trial Court insofar as the Applicant is concerned. The present Revision Application is taken up for final hearing by consent of the parties.
3. The Applicant was arrayed as an accused in Crime No.141/2000 registered with K
No sanction under Section 19 PC Act required to prosecute retired public servant if retired before court cognizance; PC Act protection ceases post-retirement.
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
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....
The requirement of prior sanction for prosecution under Sec.19 PC Act applies at the time of taking cognizance of the offence, and the intent behind the provision is to protect public servants from m....
Point of law : Section 19(3) of the PC Act indicates that it deals with three situations: (i) Sub-Clause (a) deals a situation where a final judgment and sentence has been delivered by the Special Ju....
Post-cognizance, sanction validity under PC Act examined at trial, not discharge stage. Manager of government-aided minority institution approved by authority is public servant under IPC Section 21.
The main legal point established in the judgment is that the amendment to the Prevention of Corruption Act made it clear that sanction is necessary even for subjecting a retired public servant to pro....
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