State Of M.P vs Virendra Kumar Tripathi

The Supreme Court addressed the legality of the sanction for prosecution under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988, determining that the sanction granted by the Law and Legislative Department was improper as it failed to consult the parent department, as mandated by a prior circular. The Court held that the High Court's decision to quash the charges against the accused was justified due to this lack of proper sanction. The Court emphasized that the merits of the case regarding the exclusion of certain income would be evaluated during the trial, not at the charge framing stage.