Supreme Court of India · 2014-03-31
STATE OF BIHAR vs RAJMANGAL RAM
- Citation / case number
- SC 2012/27238
- Court
- Supreme Court of India
- Petitioner
- STATE OF BIHAR
- Respondent
- RAJMANGAL RAM
- Author
- RANJAN GOGOI
- Bench
- RANJAN GOGOI P SATHASIVAM
Judgment text excerpt
The Supreme Court addressed the issue of whether a High Court can interfere with a criminal prosecution based on defects in the sanction to prosecute a public servant under the Prevention of Corruption Act, 1988. The Court held that the requirement of sanction is a safeguard against frivolous prosecutions and that the legitimacy of the sanction order must be scrutinized before intervening in ongoing criminal proceedings. The appeals by the State of Bihar were allowed, thereby reinstating the criminal proceedings against the respondents.