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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
S. Attakoya – Appellant
Versus
Central Bureau of Investigation, Cochin – Respondent
| Table of Content |
|---|
| 1. factual background regarding the case. (Para 1 , 4) |
| 2. arguments regarding the proper authority for sanction. (Para 5 , 6 , 7) |
| 3. core issue regarding sanction authority. (Para 8) |
| 4. cases cited support authority of sanction. (Para 10 , 11 , 12) |
| 5. discharge due to lack of valid sanction. (Para 13 , 14 , 15 , 16) |
| 6. order for further action following principles established. (Para 17 , 18) |
ORDER :
1. The 2nd accused in C.C. No.9 of 2023 on the the Court of the Special Judge (SPE/CBI)-II, Ernakulam, has filed this criminal revision petition under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 20.07.2024 in Crl. M.P. No.342/2024 in the above case, whereby the learned Special Judge dismissed the discharge plea at the instance of the 2nd accused.
2. Heard the learned counsel for the revision petitioner and the learned Standing Counsel appearing for the Central Bureau of Investigation (CBI), in detail. Perused the order impugned and the decisions placed by the learned counsel for the revision petitioner.
3. Parties in this criminal revision petition shall be referred as ‘accused’ and ‘prosecution’ hereafter.
The court emphasized that a competent authority must issue sanction for prosecution under the P.C. Act, invalidating any proceedings initiated without it, while allowing for fresh charges upon obtain....
Prosecution of public servants requires sanction from the same authority that appointed them, emphasizing the importance of valid authorization under the Prevention of Corruption Act.
The validity of the sanction granted to prosecute a public servant must be confirmed by a competent authority; failure to do so renders the prosecution invalid.
Where for any reason whatsoever any doubt arises as to whether the previous sanction, as required under sub-section (1) should be given by the Central Government or the State Government or any author....
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....
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....
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
Sanction for prosecution must be obtained from a competent authority; failure to do so invalidates the proceedings.
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