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july 2011

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.

Chittaranjan Das vs State Of Orissa · Niyam