Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure section 362 Prevention of Corruption Act 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Crimimat rroceaure, 17/9 — $. JOL — FFOSECUIION OF 14 accused including respondent-accused before Special Court — u/ss. 13(2) r>w s. 13(1)(C)(D) of Prevention of Corruption Act (PC Act) — Initially the trial court did not take cognizance of the respondent-accused and directed the Investigating Officer to file sanction orders u/s. 19 of PC Act — Later, when the Court was informed that no sanction was required, it took cognizance of the offences under PC Act against the respondent-accused — In revision High Court set aside the order of trial court on the ground that taking of cognizance at later stage amounted to review — On appeal, held: The order of trial court taking cognizance would not amount to review — The initial order whereby direction was issued to file sanction order, cannot be construed as final order - Matter remitted to High Court — Prevention of Corruption Act, 1988 — ss. 13(2) r/w s. 13(1)(C)(D). |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 343 |
Petitioner | State Through Cbl/acb, Hyderabad A.p. |
Respondent | Dharmana Prased Rao |
SCR | [2016] 2 S.C.R. 591 |
Judgement Date | 2016-04-26 |
Case Number | 398 |
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