Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Accused discharged as sanction for prosecution was refused - A fresh challan cannot be filed after superannuation of accused from service...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Time limit - No time limit is fixed for grant of sanction - Parliament should consider the constitutional imperative of Article 14 enshrining the rule of law wherein "due process of law" has been read into by introducing a time-limit in S.19 of the Act for its working in a reasonable manner...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B -- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 409, 468, 471, 120B - - Bank Manager of Public Sector Bank - Unauthorized conversion of public funds to private funds of an individual - Diversion of public funds by accused amount to criminal breach of trust by committing forgery/use of forged documents as well as offence..........
Prevention of Corruption Act, 1988, Section 17 -- Person authorized to investigate - Special Judge permitted Sub Inspector to investigate the matter under Prevention of Corruption Act - Order of Special Judge passed on request and in interest of justice - Investigation pursuant to such order does not suffer for want of jurisdiction - Moreover, no case of prejudice or..........
Prevention of Corruption Act, 1988, Section 13 -- Illegal gratification - Complainant did not know accused before incident - Accused had never talked with complainant for demanding money - No evidence that accused accepted or obtained or agreed to accept or obtain from complainant, amount as illegal gratification - Conviction and sentence set aside...........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Complainant and two shadow witnesses turned hostile - I.O. alone cannot prove demand or acceptance of payment of bribe - Conviction and sentence set aside - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 389 -- Illegal gratification - Suspension of sentence during pendency of appeal - Apprehension of losing job - Conviction cannot be suspended merely on the ground that accused has apprehension of losing his job as it is not an exceptional circumstance for considering his..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 389 -- Illegal gratification - Suspension of sentence during pendency of appeal - Plea of past meritorious conduct - Accused cannot project his track record as a ground for seeking suspension of conviction - Petition dismissed...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3) -- Sanction for prosecution - In the absence of prior sanction, Magistrate is not empowered to forward a private complaint to police for investigation u/s 156(3) Cr.P.C. against public servant when allegations are in relation to offences alleged to have been committed by them..........
