SHREEKANTIAH RAMAYYA MUNIPALLI vs THE STATE OF BOMBAY(With Connected Appeal)

The Supreme Court held that the sanction for prosecution under Section 5(2) of the Prevention of Corruption Act, 1947, granted by the Governor-General, could not extend to cover prosecution under Section 409 of the Indian Penal Code, as the sanctioning authority for the latter was the Central Government. The Court emphasized that the two authorities are distinct and neither can encroach upon the other's jurisdiction. Consequently, the trial against the second accused was deemed incompetent due to lack of proper sanction, establishing that defects in sanction under Section 197 of the Code of Criminal Procedure are fatal and cannot be remedied.