Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prior sanction Indian Penal code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1947 (2 of 1947) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal code, 1860/Prevention of Corruption Act, 1947/Criminal Procedure Code, 1973: Sections 406, 409, 201 109 read with 120-B/Section 5(2)/Section 197 - Respondent employed in the Public Works Department - Defrauded Government by misappropriating steel rods in conspiracy with others - Arraigned before the Special Judge after three years of retirement along with others - Sought discharge on the ground of want of prior sanction under Section 197 Cr. P. C. - Contention overruled - Respondent challenged the order in revision - Revision allowed - High Court quashed the criminal proceedings on the ground of want of prior sanction under Section 197 - Order of the High Court appealed against - Held - Accused ceased to be a public servant before taking of cognizance of the offence by the Court - Immunity on the ground of want of prior sanction cannot be claimed for offence under Section 5(2) of the Prevention. of Corruption Act - Sections 406 and 409 I.P.C. are cognate offences - When offence under Section 406 l.P.C. is by a public servant, it escalates to an offence under Section 409 l.P.C. - No part of the duty of the public servant to enter into a criminal conspiracy for committing criminal breach of trust - Prior sanction under Section 197 Cr.P.C. not required in case of offences under the both sections. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1999 INSC 273 |
Petitioner | State Of Kerala |
Respondent | V. Padmanabhan Nair |
SCR | [1999] 3 S.C.R. 864 |
Judgement Date | 1999-07-14 |
Case Number | 632 |
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