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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Anjan Bose – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. details of the case and complainant's claims. (Para 1 , 2 , 3 , 4) |
| 2. arguments against framing charges. (Para 5 , 6 , 7 , 8) |
| 3. procedural steps leading to sanction for prosecution. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. cbi's defense of the validity of sanction. (Para 16 , 18 , 19 , 20 , 22) |
| 5. legal precedents on the necessity of independent mind in sanction. (Para 21 , 24 , 25 , 28 , 29 , 30) |
| 6. final ruling and order quashing charges against petitioner. (Para 31 , 32 , 33 , 34 , 35) |
Judgment :
Subhendu Samanta, J.
The instant reivisional application has been preferred under section 401 read with Section 482 of the Code of Criminal Procedure for quashing of a proceedings being case no. SPL 11/2009 arising out of RC 0102008A0004 dated 4.2.2008 under Sections 120B,419,420,468,471 of the Indian Penal Code and Sections 13(2) and 13(1))(d) of the Prevention of Corruption Act 1988 now pending before the Learned Special Judge (CBI Court) at Alipore, 24 Parganas(South); also against the order dated 2.8.2017 wherein the learned Special Judge(CBI Court) at Alipore, 24 Parganas (South) rejected the petitioner’s prayer for discharge in connection with the same case.
2. The bri
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 Competent Authority cannot review its earlier decision to refuse sanction without fresh materials, and there is a distinction between absence of sanction and alleged invalidity on account of non-....
A public servant cannot be prosecuted under the Prevention of Corruption Act without a valid sanction from the competent authority, and such authority cannot delegate its power to grant or refuse san....
Grant or refusal of sanction for prosecution is not an empty formality – Act of according sanction for prosecution must be preceded by proper application of mind by competent authority.
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....
The validity of a sanction under the Prevention of Corruption Act can be challenged at any stage of proceedings, and a fresh sanction does not violate the principle against double jeopardy if the pre....
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