Supreme Court of India · 1973-05-01
STATE OF RAJASTHAN vs TARACHAND JAIN
- Citation / case number
- SC 1970/60224
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- TARACHAND JAIN
- Bench
- KHANNA, HANS RAJ
Judgment text excerpt
The Supreme Court held that the judgment of a Division Bench of the High Court in revision is binding on the High Court when hearing an appeal in the same proceeding. The Court found that the sanction for prosecution under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947 was validly accorded by the Chief Minister, as he constituted the Government in this matter. The appeal was allowed, and the High Court's quashing of the proceedings was set aside, reaffirming the validity of the sanction based on the evidence presented.