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K. SURENDER
C. Shobha Rani – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This petition is filed to quash the proceedings against the petitioner/A6 in CC No. 7 of 2017 on the file of the Court of I Additional Special Judge for CBI Cases, Hyderabad.
2. The petitioner is amongst ten accused, who are being prosecuted for entering into criminal conspiracy during the years 2010 to 2012 in the matter of credit facility sanctioned to A1 company by Bank of India, Banjara Hills branch where the petitioner was working as Chief Manager in the said Bank.
3. The facts of the case are not necessary since the ground raised by the petitioner is that the competent authority for grant of sanction declined to grant sanction for prosecution on 24.01.2015. However, the very same authority has granted sanction on 09.11.2016 on the very same material, on the basis of which sanction was refused earlier.
4. Learned counsel for the petitioner would submit that the sanctioning authority Sri Kul Bhushan Jain, who was the General Manger, NBG (South), Chennai has declined to grant sanction on 24.01.2015 by giving details running into ten pages. A chart was prepared by the authority reflecting the lapses as per the CBI report vis-à-vis lapses as per the internal investigation r
The main legal point established is that the competent authority's refusal of sanction under Sec. 197 of the Code of Criminal Procedure while the accused were in service barred their prosecution afte....
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-....
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....
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