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..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry before registration of FIR - Not mandatorily required to be conducted in all corruption cases - Any formal and informal collection of information disclosing a cognizable offence to the satisfaction of the person recoding FIR is sufficient...........
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...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution u/s 19 of the Act - Retirement from service - Sanction for prosecution u/s 19 of the Act is not required...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 8, 13(2), 13(1)(d) -- Bail - Cheating - Allegation against appellant is that he has aided illegal transactions being Finance Minister to co-accused, who is his son - However, complicity of appellant will have to be established in trial -..........
Prevention of Corruption Act, 1988, Section 17 -- Illegal gratification - Investigation by a police officer not of the rank of DSP or equal - Lapse only an irregularity - Unless irregularity results in causing prejudice, conviction will not be vitiated and bad in law...........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - A mere error, omission or irregularity in sanction is not considered to be fatal unless it has resulted in a failure of justice or has been occasioned thereby - S.19(1) of the Act is matter of procedure and does not go to root of jurisdiction and once cognizance is taken,..........
