VINOD CHANDRA SEMWAL vs SPL.POLICE ESTABLISGHMENT UJJAIN

The Supreme Court upheld the High Court's decision to set aside the Special Judge's order, which had declined to take cognizance of the appellant's alleged offences under Section 13(1)(d) and Section 120B IPC due to lack of prosecution sanction. The Court emphasized that the appellant, while acting as Chairman of the Town Improvement Trust, was not entitled to immunity under the Prevention of Corruption Act, 1988, as he acted beyond his official capacity. The ruling clarified the applicability of Section 19 of the P.C. Act and Section 197 CrPC regarding the necessity of sanction for prosecution.