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november 1995

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.

STATE OF MAHARASHTRA vs ISHWAR PIRAJI KALPATRI . · Niyam