Supreme Court of India · 2014-12-17
State Of Punjab vs Labh Singh
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab
- Respondent
- Labh Singh
- Author
- Uday Umesh Lalit
- Bench
- Uday Umesh Lalit, Dipak Misra
Judgment text excerpt
The Supreme Court held that the refusal of sanction to prosecute public servants under Section 197 of the Criminal Procedure Code is a critical factor in determining the maintainability of charges against them. The Court emphasized that since the accused had retired before the sanction was sought, the prosecution could proceed against them under the Prevention of Corruption Act, 1988, and relevant IPC sections. The Court overturned the High Court's decision, reinstating the charges framed by the Special Judge against the accused public servants.