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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
K.JOHNSON – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. cognizance of offences taken without necessary statutory sanction. (Para 1 , 2 , 3) |
| 2. prosecution's failure to obtain sanction prior to filing. (Para 4) |
| 3. ruling on illegality of cognizance taken without sanction. (Para 5) |
ORDER
Dated this the 12th day of March, 2026 Accused Nos. 1, 3, 6, 10 and 11 have filed Crl.Rev.
Petition No. 1143/2025 challenging dismissal of the order seeking discharge, mainly on urging that cognizance for the offences alleged against them was taken without obtaining sanction, which is mandated under Section 197 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C', for short). Similarly, the prosecution failed to obtain sanction under Section 19 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'P.C. Act', for short) to prosecute the accused persons for the offences alleged to be committed under the P.C. Act. Accused No. 2 in the same case has filed Criminal Revision Petition No. 1145/2025 challenging the dismissal of discharge petition on the same grounds.
2. Heard the learned counsel for the revision petitioners and the learned Special Public Prosecutor in detail and perused the order impugned.
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