LALU PRASAD @ LALU PRASAD YADAV vs STATE OF BIHAR

The Supreme Court examined the validity of sanction to prosecute under Section 13(1)(e) and Section 13(2) of the Prevention of Corruption Act, 1988, alongside Section 197 of the Code of Criminal Procedure, 1973. The Court held that prior sanction is necessary even if the public servant no longer holds the same office at the time of cognizance, and that the sanction granted by the Secretary on the Governor's instructions lacked legal sanctity. The Court found that the prosecution failed to establish a valid sanction for the accused, leading to the quashing of the charges against them.