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.