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.