T. MANJUNATH v. THE STATE OF KARNATAKA
Discusses sanction for prosecution and interplay between departmental proceedings and criminal trials.
Court: Supreme Court of India
Citation: 2025 INSC 1356
Decision Date: 10-11-2025
List of Laws
Prevention of Corruption Act, 1988; Code of Criminal Procedure, 1973
- Prevention of Corruption Act, 1988: The judgment extensively discusses Section 19 of the PC Act, focusing on the requirement of obtaining valid sanction for prosecuting a public servant. The court analyzes Section 19(1), emphasizing that no court can take cognizance of offenses punishable under Sections 7, 11, 13, and 15 without previous sanction from the appropriate authority. It clarifies that the sanctioning authority depends on whether the person is employed in connection with the affairs of the Union or a State, or any other person, of the authority competent to remove him from his office. The court also refers to Section 19(4) and its Explanation, stating that the Explanation becomes relevant when the validity of the sanction is under scrutiny before the appellate or revisional forum. The court also discusses the meaning of "competence" in Section 19(4), stating that it includes the competency of the authority to grant sanction. The judgment remits the matter to the trial court to determine the actual appointing authority and the validity of the sanction order. The judgment also refers to Sections 7, 8, 13(1)(d), and 13(2) of the PC Act, noting that the chargesheet was filed against the accused-appellant for offences punishable under these sections.
- Code of Criminal Procedure, 1973: The judgment mentions Section 227 and Section 239 of the CrPC, noting that the accused-appellant preferred an application under these sections seeking discharge. It also refers to Section 203 of the CrPC, stating that the court has not dismissed the complaint under this section and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding. The judgment also refers to Section 19(3) of the PC Act, stating that it refers to provisions in the CrPC.
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