Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Bail - Cheating - Appellant is in custody since 2022 - Trial of case is likely to take a long time - Without expressing any opinion on merits of the case, bail granted...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Sanction to prosecute - Going into merits of sanction at this stage - Finding regarding legality, validity or delay in grant of sanction, at this stage are premature - Validity of sanction is an issue that must be examined during course of trial - Order..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of FIR - Mere delay in grant of sanction for prosecuting a public authority is not a ground to quash a criminal case...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 being tax Inspector demanded Rs.2500 as bribe to process application for transfer of ownership in the name of daughter of complainant - Admittedly, it is within the knowledge of complainant that A-1 was not competent to issue mutation..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of government - When act of a public servant is ex-facie criminal or constitutes an offence, prior approval of Government would not be necessary - It extends the scope of corruption to encompass to cases where offence is relatable to any recommendation made or decision taken...........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of government - S.17-A of the Act has following main three facets : accused is (a) a public servant; (b) alleged offence is relatable to any recommendation made or decision taken by such public servant; and (c) while acting or purporting or in connection to act in discharge of his official..........
Prevention of Corruption Act, 1988, Section 7, 17A -- Offence u/s 7 of the Act - Order framing charges - Prior approval u/s 17 of the Act is not taken - However, acquisition of approval u/s 17-A of the Act does not necessarily invalidate entire order but may allow for corrective measures - Moreover, sanction can be sought at the stage of charge u/s 19 of PC Act, thus..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused `M' is Class IV employee in Court of CJM - Amount was recovered underneath an almirah in the office of CJM - Not an iota of evidence has been brought on record to presume that accused `M' was knowing the fact of alleged demand of bribe even if it is..........
Prevention of Corruption Act, 1988, Section 13(i)(d), 13(2), 7 -- Illegal gratification - Demand and acceptance - Officers of the trap team spoke about handing over of money by complainant to A-1 who handed over half to A-2 which amounts were said to have been put by both the accused in their trouser pockets - PW8 who led the trap team merely spoke of a recovery of bribe..........
