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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
State (Nct) Delhi – Appellant
Versus
Vikram Singh Meena – Respondent
| Table of Content |
|---|
| 1. bribery allegations against vikram singh meena. (Para 3) |
| 2. challenge against the legitimacy of the sanction. (Para 6 , 7 , 8 , 9 , 10) |
| 3. discretionary power of courts under section 311 crpc. (Para 11 , 12 , 13) |
| 4. validity of sanction as a judicial consideration. (Para 14 , 15 , 17) |
| 5. conclusion on the validity of the sanction and dismissal of petitions. (Para 34 , 35 , 36 , 37) |
JUDGMENT :
AMIT MAHAJAN, J.
1. CRL.M.C. 4808/2019 is filed by the State against the order dated 16.03.2019 passed by the learned Special Judge, Central, Tis Hazari Courts, Delhi in CC No. 2/16 whereby the application filed by the accused – Vikram Singh Meena under Section 311 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking summoning of sanctioning authority to prove the validity of sanction and further seeking discharge on account of invalidity of sanction was partly allowed to the extent of summoning the sanctioning authority for examination on the question of validity of sanction.
2. CRL.M.C. 10017/2024 is filed by the accused – Vikram Singh Meena against the sanction order dated 05.07.2017 and seeking quashing of supplementary chargesheet in FIR NO. 345/2013 registered at Police
The court emphasized that the validity of sanction for prosecution can be examined at any stage, including pre-trial, to ensure due process and prevent injustice.
The challenge to the order of sanction on the ground of improper application of mind or non-consideration of relevant material is required to be raised during trial and established by leading evidenc....
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....
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....
A valid sanction for prosecution requires a thorough application of mind by the sanctioning authority; failure to meet this standard renders the sanction invalid.
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