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october 2005

Supreme Court of India · 2005-10-07

STATE OF KARNATAKA THROUGH CBI vs C. NAGARAJASWAMY

Citation / case number
SC 2002/14574
Court
Supreme Court of India
Petitioner
STATE OF KARNATAKA THROUGH CBI
Respondent
C. NAGARAJASWAMY
Author
R.V. RAVEENDRAN S.B. SINHA
Bench
R.V. RAVEENDRAN S.B. SINHA

Judgment text excerpt

The Supreme Court interpreted Section 300 of the Code of Criminal Procedure in relation to the validity of sanction for prosecution under the Prevention of Corruption Act, 1988. The Court held that the sanction must be issued by a competent authority, and if found invalid, the prosecution cannot proceed. In both appeals, the Court upheld the lower courts' decisions that the sanctions were invalid, resulting in the discharge of the accused. The judgment emphasizes the necessity of valid sanction for prosecution under Section 7 and Section 13 of the Prevention of Corruption Act.

STATE OF KARNATAKA THROUGH CBI vs C. NAGARAJASWAMY · Niyam