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april 2008

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.

Anjani Kumar vs State Of Bihar And Anr · Niyam