Supreme Court of India · 2011-07-04
Chittaranjan Das vs State Of Orissa
- Citation / case number
- AIR 2011 SUPREME COURT 2893
- Court
- Supreme Court of India
- Petitioner
- Chittaranjan Das
- Respondent
- State Of Orissa
- Author
- Chandramauli Kr. Prasad
- Bench
- Chandramauli Kr. Prasad, G.S. Singhvi
Judgment text excerpt
The Supreme Court addressed the issue of prior sanction for prosecution under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947. The Court held that since the appellant had retired from service, prior sanction was not necessary for prosecution. The Court affirmed the High Court's decision to allow the appellant to raise the sanction issue during the trial, emphasizing that the legality of the sanction refusal by the State Government could be examined at that stage. The appeal was dismissed, upholding the trial court's order.