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DINESH KUMAR SINGH
Sunil Agarwal – Appellant
Versus
State of U. P. , Thru. Cbi/Acb Lucknow – Respondent
JUDGMENT :
1. Heard Mr. Purnendu Chakravarty and Mr. Anuuj Taandon, learned counsels representing the applicants, as well as Mr. Anurag Kumar Singh, learned counsel, representing respondent-Central Bureau of Investigation (hereinafter referred to as 'CBI'), and gone through the entire record.
2. By way of this application under Section 482 CrPC, challenge is to the order dated 12.12.2018 passed by the learned Special Judge, CBI (West), Lucknow in Case No.199/2018, arising out of RC No.0062017A0012 on an application filed by the applicants under Section 239 CrPC, seeking discharge from the offence under Sections 120-B, 420, 465 and 468 IPC read with Sections 13(2) read with Sections 13(1)(d) of the Prevention of Corruption Act, 1988 lodged at Police Station CBI/ACB, Lucknow. The further challenge is to the cognizance order dated 25.01.2018, to the charge-sheet and to the consequential proceedings of Case No. 199/2018.
3. Mr. Purnendu Chakravarty, learned counsel for the applicants, states that applicant no. 2, P.K. Bose has died during COVID-19. The present application, so far as applicant no. 2, P.K. Bose is concerned, gets abated.
4. The CBI investigated the offence and prepared the c
A review of a sanction order without additional material is impermissible, and an invalid sanction order renders further proceedings non-est.
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
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 Competent Authority cannot review its earlier decision to refuse sanction without fresh materials, and there is a distinction between absence of sanction and alleged invalidity on account of non-....
Point of Law : Since such a direction takes away the power of the sanctioning authority to take an independent position after applying, its mind upon the material and evidence collected as to whether....
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