Supreme Court of India · 2010-08-13
State Of M.P vs Harishankar Bhagwan Pd. Tripathi
- Citation / case number
- 2010 AIR SCW 5902
- Court
- Supreme Court of India
- Petitioner
- State Of M.P
- Respondent
- Harishankar Bhagwan Pd. Tripathi
- Author
- Altamas Kabir
- Bench
- A.K. Patnaik, Altamas Kabir
Judgment text excerpt
The Supreme Court held that the acquittal of the Respondents under Section 161 IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 was justified due to improper sanction for prosecution. The Court emphasized that a valid sanction must reflect application of mind, which was lacking in this case as the sanction order only recited the facts without reasoning. Consequently, the appeal against the acquittal was dismissed, affirming the lower court's findings regarding the inadequacy of the sanction.