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october 2013

Supreme Court of India · 2013-10-31

C.B.I. vs ASHOK KUMAR AGGARWAL

Citation / case number
SC 2007/33909
Court
Supreme Court of India
Petitioner
C.B.I.
Respondent
ASHOK KUMAR AGGARWAL
Author
B.S. Chauhan
Bench
S.A. BOBDE B.S. CHAUHAN

Judgment text excerpt

The Supreme Court held that the sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988 must be validly granted by the competent authority, and the High Court erred in setting aside the Special Judge's order without examining the merits of the sanction. The Court emphasized that the validity of the sanction can be challenged at any stage, including pre-trial. The appeal was allowed, and the High Court's order was set aside, reinstating the Special Judge's decision.

C.B.I. vs ASHOK KUMAR AGGARWAL · Niyam