Back
VINIT KUMAR MATHUR
Shiv Kumar Kalla – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Mr. Vinit Kumar Mathur, J. - Heard learned counsel for the petitioners.
2. The present writ petition has been filed against the orders dated 11.08.2023 & 21.11.2022, whereby the prosecution sanction has been granted against the petitioners.
3. Briefly, the facts noted in the present writ petition are that while the petitioners were working on the post of Sarpanch, Ward Panch and Panch, an FIR bearing No.312/2016 was registered against them under Sections 409 & 120B of IPC and under Sections 13(1)(c)(d) & 13(2) of the Prevention of Corruption Act, 1988. After registration of the FIR, the matter was investigated by the Investigating Agency and the same was sent to the Prosecution Sanctioning Authority for grant of prosecution sanction to proceed against the petitioners. The Prosecution Sanctioning Authority vide its orders dated 11.08.2023 (Annex.1) and 21.11.2022 (Annex.2) granted the prosecution sanction against the petitioners. Hence, the writ petition has been filed.
4. Learned counsel for the petitioners vehemently submits that the authority concerned vide letter dated 05.07.2023 had called the petitioners for personal hearing in the case. In pursuance of the letter dated
The prosecution sanction must reflect the authority's independent application of mind to all relevant materials, ensuring due process in granting prosecution under the Prevention of Corruption Act.
The court held that while it can review sanctions for prosecution under the Prevention of Corruption Act, disputed facts must be resolved in criminal court, not through writ jurisdiction.
The court ruled that prosecution sanction must reflect independent application of mind and cannot be a mere repetition of the draft submitted by the prosecution agency.
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....
The Government cannot grant prosecution sanction based on the same material after initially declining it without fresh evidence.
The sanctioning authority must provide reasons and demonstrate due application of mind when granting prosecution sanction under the Prevention of Corruption Act.
The validity of prosecution sanction must be evaluated at trial; minor irregularities do not nullify proceedings without evident failure of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
