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Supreme Court of India · 2016-06-29

PUNJAB STATE WAREHOUSING CORP. vs BHUSHAN CHANDER

Citation / case number
SC 2012/10341
Court
Supreme Court of India
Petitioner
PUNJAB STATE WAREHOUSING CORP.
Respondent
BHUSHAN CHANDER
Author
Dipak Misra
Bench
SHIVA KIRTI SINGH DIPAK MISRA

Judgment text excerpt

The Supreme Court held that the conviction of the first respondent under Sections 409, 467, 468, and 471 IPC was invalid due to the absence of sanction under Section 197 of the Code of Criminal Procedure, 1973. The Court emphasized that public servants require prior sanction for prosecution, and the lack thereof rendered the trial void. Consequently, the High Court's decision to set aside the conviction and sentence was upheld, reinforcing the necessity of obtaining sanction in such cases.

PUNJAB STATE WAREHOUSING CORP. vs BHUSHAN CHANDER · Niyam