M. Gopalakrishnan vs State By Addl. S.P. Cbi, Bs&Fc Bangalore

The Supreme Court held that the absence of sanction for prosecution under Section 197(1)(a) of the Code of Criminal Procedure, 1973, renders the cognizance taken by the court illegal when the accused is a public servant. The Court emphasized that the requirement of sanction is crucial to protect public servants from frivolous prosecutions, and the prosecution's argument that the issue could be resolved during trial was rejected. Consequently, the Court quashed the proceedings against the appellant, reinforcing the necessity of obtaining proper sanction before initiating prosecution under the Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860.