Supreme Court of India · 2008-04-24
Anjani Kumar vs State Of Bihar And Anr
- Citation / case number
- AIR 2008 SUPREME COURT 1992
- Court
- Supreme Court of India
- Petitioner
- Anjani Kumar
- Respondent
- State Of Bihar And Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of the appellant's petition under Section 482 of the Code of Criminal Procedure, 1973 was erroneous as the District Magistrate lacked authority to grant sanction for prosecution under Section 196 of the Code. The Court emphasized that the absence of allegations regarding demand for bribe under the Prevention of Corruption Act, 1988, and the unexplained delay in filing the complaint were significant factors. Consequently, the Court quashed the cognizance taken under Sections 465, 466, 469, and 471 IPC, thereby allowing the appeal.