Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Crimlnal Procedure Code 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Appeal, abatement of - An appeal does not abate on the death of the accused when leave is granted to the near relative to continue the appeal - Crimlnal Procedure Code 1973 (Act II of 1974), Section 394(2) r/w sec. 8(3) and 9 of the Criminal Law Amendment Act. Sanction for prosecution - Effect of the order issued by S.R.O. 631 by president of India, in exercise of the power conferred by sub rule (2) of rule 11, Clause (b) of sub rule (2) of rule 14 and sub rule (1) of rule 23 of the Central Civil Services (Classification, Control and Appeal) Rules 1957. The appellant who was working as an investigator in the office of the Chief Controller of Imports and Exports was charged, found guilty and convicted and sentenced to suffer rigorous imprisonment for 18 months on each count for an offence under Sections 5(l)(d) and 5(2) of the Prevention of Corruption Act, 1947 and section 161 I.P.C. and a fine of Rs. 200 /- or in default to undergo further rigorous imprisonment under section 5(2) of the Act. His appeal to the High Court was dismissed and the conviction and sentence were confirmed. Special leave was granted by the Supreme Court limited to the question of validity of sanction accorded under section 6 of the Prevention of Corruption Act, 1947. The appellant died during the pendency of the appeal and his near relatives were granted permission to continue the appeal. |
Judge | Hon'ble Mr. Justice D.A. Desai |
Neutral Citation | 1978 INSC 235 |
Petitioner | Lakshmi Shankar Srivastava |
Respondent | State (delhi Administration) |
SCR | [1979] 2 S.C.R. 348 |
Judgement Date | 1978-11-21 |
Case Number | 124 |
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