Supreme Court of India · 2005-10-28
Romesh Lal Jain vs Naginder Singh Rana & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 336
- Court
- Supreme Court of India
- Petitioner
- Romesh Lal Jain
- Respondent
- Naginder Singh Rana & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, R.V. Raveendran
Judgment text excerpt
The Supreme Court addressed the necessity of sanction for prosecuting a public servant under Section 13(2) of the Prevention of Corruption Act, 1988 and various sections of the Indian Penal Code including Sections 409, 167, 218, 419, 420, 465, 468, and 471. The Court held that without proper sanction, the prosecution cannot proceed, emphasizing the importance of adhering to the procedural requirements set forth in Section 197 of the Cr.P.C. The appeal was allowed, reinforcing the principle that a public servant cannot be prosecuted without the requisite sanction from the appropriate authority.