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M. R. Simon, S/o. Moshanadar – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Crl.M.C. was filed invoking the provisions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the accused in Crime No.VC.05/2023/SC of VACB, Special Cell, Thiruvananthapuram. The petitioner seeks to quash Annexure 1 First Information Report in the said crime.
2. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor as well as Special Public Prosecutor.
3. Crime No.VC.05/2023/SC of VACB, Special Cell, Thiruvananthapuram was registered alleging an offences punishable under Section 13(2) of the Prevention of Corruption Act, 1988. Acquisition of disproportionate assets by the petitioner attracting the offences described under Section 13(1)(e) of the PC Act (unamended) and 13(1)(b) of the PC Act (amended), is alleged. The petitioner raises several grounds in support of his plea for quashing Annexure 1. The twin contentions set forth by the learned counsel for the petitioner at the time of hearing as reasons to quash Annexure 1 First Information Report are:
ii) lack of sanction under Section 19 of the PC Act
4. The learned Senior Pu
Previous approval under Section 17-A of the Prevention of Corruption Act is not required for investigating offences of disproportionate assets by public servants.
Persons authorised to investigate - Misappropriation of funds - Scope of S. 17A - An approval under S. 17A for conducting any enquiry, inquiry or investigation was warranted only when act done by acc....
The central legal point established in the judgment is the interpretation and application of Section 17A of the PC Act, 1988, which restricts the requirement of prior approval for initiating enquiry/....
Criminal prosecution of public servant – No camouflage proceedings can be permitted to get over rigour of Section 17A of P.C. Act – Sanction obtained post facto under Section 19 of P.C. Act cannot cu....
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....
Section 17A PC Act inapplicable to disproportionate assets cases; previous approval only for offences linked to official recommendations/decisions. Competent authority cannot investigate merits or de....
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....
Initiation of criminal proceeding – Absence of approval as contemplated in Section 17A of Prevention of Corruption Act, 1988 for conducting enquiry, inquiry or investigation of offences alleged to ha....
Enquiry or Inquiry or investigation of offences decision taken by public servant in discharge of official functions or duties - Once a constitutional court examines and satisfies itself about necessi....
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