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march 2011

Supreme Court of India · 2011-03-28

R. Ramachandra Nair vs The Dy.S.P.Vigilance Of Police & Anr

Court
Supreme Court of India
Petitioner
R. Ramachandra Nair
Respondent
The Dy.S.P.Vigilance Of Police & Anr
Author
P. Sathasivam
Bench
B.S. Chauhan, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the charge-sheet filed against the appellant under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, and Sections 120-B and 463 IPC was invalid due to the lack of prior sanction from the Syndicate of the University as mandated by Section 50(2) of the Sree Sankaracharya University of Sanskrit Act, 1994. The Court emphasized that the delay of over eight years in filing the charge-sheet further undermined the prosecution's case. Consequently, the Court quashed the proceedings against the appellant, affirming his actions were in good faith and in the interest of establishing the University.

R. Ramachandra Nair vs The Dy.S.P.Vigilance Of Police & Anr · Niyam