Back
SHEEL NAGU, VINAY SARAF
Shashikant Mishra – Appellant
Versus
Union of India through Central Bureau of Investigation (ACB) Jabalpur – Respondent
ORDER
1. Petitioner, who is facing criminal prosecution in Special Case No. 03/2022, pending before Special Judge, (CBI), Jabalpur for offences punishable under sections 7, 13 (2) r/w 13(1)(b) of Prevention of Corruption Act, 1988 (hereinafter referred to as “PC Act”) arising out of charge-sheet dated 15.07.2022 filed in connection with F.I.R. No. RC0092021A0007 registered by Central Bureau of Investigation, (ACB), Jabalpur (for brevity “CBI”), has preferred the present petition under section 482 of the Code of Criminal Procedure (in short “Cr.P.C.”) for quashment of charge-sheet and further proceedings solely on the ground that prosecution sanction was rejected twice and thereafter accorded by sanctioning authority based on same material under the advice of Central Vigilance Commission (for brevity “CVC”), which cannot be treated as valid sanction and vitiates the charge sheet and trial.
2. With the consent of the parties, the matter was heard finally. Prosecution Case in Brief:
3. Shri Jitendra Kumar Sahu R/o Village Silondi, Tehsil Dhimarkheda, District Katni (hereinafter referred to as “Complainant”) approached Inspector CBI, (ACB), Jabalpur and submitted a written complaint add
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 main legal point established in the judgment is that the competent authority must consider fresh materials and apply independent mind in granting sanctions for prosecution, in accordance with sta....
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
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-....
Grant or refusal of sanction for prosecution is not an empty formality – Act of according sanction for prosecution must be preceded by proper application of mind by competent authority.
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....
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
