Supreme Court of India · 2010-08-13
STATE OF M.P. vs HARISHANKAR BHAGWAN PD. TRIPATHI
- Citation / case number
- SC 2008/26075
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P.
- Respondent
- HARISHANKAR BHAGWAN PD. TRIPATHI
- Author
- ALTAMAS KABIR
- Bench
- ALTAMAS KABIR,A.K. PATNAIK, , ,
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 as the sanction for prosecution was granted without proper application of mind. The Court emphasized that while the trap was successfully executed, the lack of a reasoned sanction rendered the prosecution invalid. Consequently, the appeal against the acquittal was dismissed, affirming the lower court's findings.