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october 2005

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.

Romesh Lal Jain vs Naginder Singh Rana & Ors · Niyam