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september 2004

Supreme Court of India · 2004-09-10

STATE BY POLICE INSPECTOR vs T. VENKATESH MURTHY

Citation / case number
SC 2003/14615
Court
Supreme Court of India
Petitioner
STATE BY POLICE INSPECTOR
Respondent
T. VENKATESH MURTHY
Author
ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court examined the applicability of Section 19 of the Prevention of Corruption Act, 1988, regarding the necessity of prior sanction for prosecuting public servants. The Court held that a defective sanction does not automatically entitle an accused to discharge unless it is shown that such defect caused prejudice or failure of justice. The appeal by the State of Karnataka was allowed, and the High Court's dismissal of the revision application was set aside, emphasizing the need for valid sanction before prosecution can proceed.

STATE BY POLICE INSPECTOR vs T. VENKATESH MURTHY · Niyam