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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Narayanan R. S/o Ramunni Menon – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. The revision petitioner who is aggrieved by order dated 12th November 2024 passed by the Enquiry Commissioner and Special Judge Thiruvananthapuram in C.C. No. 10 of 2015, has preferred this revision. According to the revision petitioner, who is the 1st accused in this case, discharge plea raised by the 1st accused on the ground that there was no sanction obtained under Section 197 Code of criminal procedure (for short, ‘CrPC') was negatived by the special judge without valid reasons. The respondent is the State of Kerala represented by VACB.
2. In this matter, the prosecution alleges commission of offences punishable under Section 13 (1)(c) and (d) read with Section 13 (2) of the the Prevention of Corruption Act, 1988 (for short ‘PC Act’ hereafter) as well as under Sections 109, 409, and 420 read with Section 120 B of the Indian Penal Code by the accused.
3. The prosecution case is that, A1 and A3 were the Chairman of Kerala State Electricity Board (for short the KSEB) at the relevant time. A2, A7 and A8 were members of the Board of Directors and A4 and A9 were the employees of the KSEB. A5 was the Minister for Electricity in the State Cabinet at the relevant time. A6 was t
Accused public servants require prosecution sanction under Section 197 of CrPC; such issues should be resolved at trial rather than during discharge motions.
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 sanctioning authority must base prosecution approval on new evidence not previously considered; prior refusals cannot be overturned without new material.
Mandatory requirement of previous sanction for prosecution under the Prevention of Corruption Act and the effect of retirement on prosecution when sanction is refused during the public servant's serv....
Point of Law : Criminal Conspiracy and Cheating - prosecution was also fully aware of need for getting sanction. Still petitioners are being proceeded against without sanction, for reason that they h....
Cognizance of offences against public servants under the Prevention of Corruption Act requires prior sanction from a competent authority, which cannot be substituted by sanction from a State Governme....
Document prima facie has been also placed on record - In light of absorption letter if provisions of Section 19(1)(c) are looked into it lays down that sanction can be given for prosecution under P.C....
(1) Question with regard to validity of such sanction should be raised at the earliest stage of proceedings.(2) Interlocutory application seeking discharge in midst of trial would not be maintainable....
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