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november 2011

Supreme Court of India · 2011-11-22

Dinesh Kumar vs Chairman.Airport Auth.Of India & Anr

Citation / case number
AIR 2012 SUPREME COURT 858
Court
Supreme Court of India
Petitioner
Dinesh Kumar
Respondent
Chairman.Airport Auth.Of India & Anr
Author
R.M. Lodha
Bench
H.L. Gokhale, R.M. Lodha

Judgment text excerpt

The Supreme Court addressed the challenge to the sanction order for prosecution under Section 13(2) read with Sections 13(1)(d) and 13(1)(a) of the Prevention of Corruption Act, 1988. The Court held that the validity of the sanction order can be questioned during the trial, emphasizing that the sanction is a critical safeguard against frivolous prosecutions. The appeal was dismissed, affirming the High Court's decision that the appellant could raise the challenge at trial rather than preemptively in writ proceedings.

Dinesh Kumar vs Chairman.Airport Auth.Of India & Anr · Niyam