Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2010

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.

State Of M.P vs Harishankar Bhagwan Pd. Tripathi · Niyam