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august 2010

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.

STATE OF M.P. vs HARISHANKAR BHAGWAN PD. TRIPATHI · Niyam