Supreme Court of India · 1995-11-30
STATE OF MAHARASHTRA vs ISHWAR PIRAJI KALPATRI .
- Citation / case number
- SC 1993/75017
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- ISHWAR PIRAJI KALPATRI .
- Author
- KIRPAL
- Bench
- KIRPAL B.N.
Judgment text excerpt
The Supreme Court quashed the proceedings against the respondent under the Prevention of Corruption Act, 1988, holding that the sanction for prosecution under Section 197(1)(b) Cr.P.C. was invalid as it did not meet the necessary legal requirements. The Court emphasized that the prosecution must demonstrate a prima facie case and that the sanctioning authority must apply its mind to the facts of the case. The judgment of the Bombay High Court was upheld, thereby dismissing the appeals against the quashing of the proceedings.