STATE THROUGH CBI/ACB,HYDERABAD AP vs DHARMANA PRASED RAO

The Supreme Court held that the High Court erred in setting aside the Trial Court's order taking cognizance under Section 13 of the Prevention of Corruption Act (PC Act) on the grounds that it amounted to a review, which is prohibited under Section 362 of the Code of Criminal Procedure, 1973. The Court clarified that the Trial Court had the authority to take cognizance after the CBI's application, and the requirement of sanction under Section 19 of the PC Act was not applicable in this instance. Consequently, the Supreme Court allowed the appeal and reinstated the Trial Court's order.