P K Pradhan vs The State Of Sikkim Represented By The

The Supreme Court upheld the Sikkim High Court's decision that no sanction under Section 197 of the Code of Criminal Procedure, 1974, was required for the prosecution of the appellant, who was the then Secretary of the Rural Development Department. The Court clarified that the prosecution under Sections 120-B IPC and the Prevention of Corruption Act, 1947, as well as the corresponding provisions of the 1988 Act, was valid despite the absence of sanction, as the appellant was no longer a public servant at the time of cognizance. The appeal was dismissed, affirming the lower court's order to proceed with the prosecution.