Supreme Court of India · 2011-03-28
R. RAMACHANDRA NAIR vs THE DY.S.P.VIGILANCE OF POLICE
- Citation / case number
- SC 2010/33468
- Court
- Supreme Court of India
- Petitioner
- R. RAMACHANDRA NAIR
- Respondent
- THE DY.S.P.VIGILANCE OF POLICE
- Author
- P. Sathasivam
- Bench
- P. SATHASIVAM,B.S. CHAUHAN, , ,
Judgment text excerpt
The Supreme Court held that the charge 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 not maintainable due to the lack of prior sanction from the Syndicate of the University as required under Section 50(2) of the Sree Sankaracharya University of Sanskrit Act, 1994. The Court emphasized that the delay in filing the charge-sheet and the reduction in the pecuniary loss claimed undermined the prosecution's case. Consequently, the Court allowed the appeal and set aside the High Court's order dismissing the discharge petition, thereby discharging the appellant from the criminal case.