Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Framing of charges - Material on record shows that there is sufficient ground to presume commission of offence by petitioner - Framing of charges is neither illegal nor erroneous - Charges rightly framed against petitioner...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - Cheating - Petitioner joined investigation and nothing remains to be recovered - Custodial interrogation of petitioner is not required - Petitioner has carved out a case for himself - Bail allowed with..........
Prevention of Corruption Act, 1988, Section 17A, 13(1)(e), 13(2) -- Protection u/s 17-A of the Act - Assets disproportionate to known source of income - Prosecution's charge is income in excess of legitimate source during check period - Same is not directly relatable to any recommendation made or a decision taken - Excess income therefore, cannot be attributed to one..........
Prevention of Corruption Act, 1988, Section 17A, 19 -- Provision of Ss.17-A and 19 of the Act are prospective in nature...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 447, 201, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Quashing of FIR - Offence u/ss 406, 447, 201, 120-B IPC and S.13(2) of P.C Act - Illegal felling of trees - No specific allegations if any with regard to uprooting/felling of trees standing on land used by petitioner for..........
Prevention of Corruption Act, 1988, Section 5, 7 -- Jurisdiction of Special Court - Special Court has jurisdiction to try any person as principal accused along with all other accused persons as can be jointly tried - Besides, when admitted relationship of both accused is husband and wife and they are living jointly having joint assets, it is impracticable at the stage of..........
Prevention of Corruption Act, 1988, Section 3 -- Special Court constituted u/s 3 of the Act, forms part of justice delivery system constituted under sovereign function of State, it falls outside scope of term "criminal Court in same sessions division" as contemplated u/s 407(2) Cr.P.C - Consequently, application for transfer of a matter pending before one sessions division..........
Prevention of Corruption Act, 1988, Section 17 -- Person authorized to investigate - Authorization in favour of DSP was issued by Joint Director of Anti-Corruption Bureau, when he was performing his duties in public interest and not for his own benefit - Such authorization is valid and binding as it was an act of an officer de jure - Final report was filed after..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e) -- Assets disproportionate to known source of income - Quashing of FIR - Preliminary inquiry not taken - Relevant information was available with informant in respect of prima facie allegations disclosing a cognizable offence - Once officer recording FIR is satisfied with such disclosure, he can proceed against..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of FIR - Lack of sanction for prosecution - Question whether sanction is necessary to prosecute a retired public servant, is a question which can be examined during course of trial...........
