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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Swapan Kumar, S/o. Late Shri Bijan Kumar Rai – Appellant
Versus
State of Rajasthan, Represented Through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. petitioner's approach via miscellaneous petition. (Para 1) |
| 2. arguments on alleged illegality of prosecution sanction. (Para 2 , 3 , 4 , 5) |
| 3. opposition claims sanction was duly considered. (Para 6 , 7 , 8) |
| 4. sanction under section 19 serves as a protection for public servants. (Para 10 , 11 , 12) |
| 5. sanction validity can be raised at any stage during the trial. (Para 14 , 15 , 16 , 18) |
| 6. procedural errors in sanction do not automatically nullify its legality. (Para 19 , 20 , 21) |
| 7. trial court's observations on sanction process. (Para 25 , 26 , 27) |
| 8. court dismisses petition; trial objections may be raised later. (Para 30 , 31) |
JUDGMENT :
ANAND SHARMA, J.
1. The petitioner has approached this Court by way of the present criminal miscellaneous petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘ BNSS ’) seeking quashing of the prosecution sanction order dated 28.01.2025 passed by the Commissioner of Police, Barrackpore, Kolkata in connection with FIR No. 46/2024 registered at Police Station CPS, Jaipur, District ACB for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter
The validity of prosecution sanction must be evaluated at trial; minor irregularities do not nullify proceedings without evident failure of justice.
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....
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 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.
Any error, omission or irregularity in grant of sanction will not affect any finding, sentence or order passed by a competent Court unless in opinion of court a failure of justice has been occasioned....
Point of law : Sanctioning authority while granting sanction ought to have recorded their satisfaction that on what basis he arrived at the conclusion to grant sanction.
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....
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....
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