Supreme Court of India · 2004-09-10
State By Police Inspector vs Sri. T. Venkatesh Murthy
- Citation / case number
- AIR 2004 SUPREME COURT 5117
- Court
- Supreme Court of India
- Petitioner
- State By Police Inspector
- Respondent
- Sri. T. Venkatesh Murthy
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court examined the applicability of Section 19 of the Prevention of Corruption Act, 1988, in the context of a discharge order passed by the Trial Court due to invalid sanction for prosecution. The Court held that a valid sanction is a prerequisite for prosecution under Sections 7 and 13 of the Act, and the absence of such sanction justifies discharge. The Court upheld the High Court's dismissal of the appeal, emphasizing that the accused must demonstrate how the lack of valid sanction prejudiced their case, thus affirming the principle that procedural defects do not automatically lead to discharge without showing prejudice.