Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Public Servant - Sanction for prosecution - Plea that order of sanction does not indicate reference to any material - Trial court should conduct a proper inquiry as to whether all the relevant materials were placed before the competent authority and whether the competent authority..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Public Servant - Sanction for prosecution - Competent authority - Held, authority competent to remove an officer from service is authority to give sanction for prosecution...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Public servant - Sanction for prosecution - Object - Held, grant of sanction is only an administrative function - It is intended to protect public servants against frivolous and vexatious litigation - It also ensures that a dishonest officer is brought before law and is tried in..........
Prevention of Corruption Act, 1947, Section 5(2) -- Sentence - Commutation - Appellant convicted for demanding and accepting bribe of Rs.265/- - It is almost three decades and appellant now 76 years old - He is not keeping good health and also having cardio vascular problems - He has already undergone three months physical and thirty years of mental incarceration - Held,..........
Prevention of Corruption Act, 1988, Section 3(1) -- Offence under the Act - Held, an offence under PC Act can be committed by either a public servant or a private person or a combination of both - Existence of a public servant for facing trial before Special Court is not must and even in his absence private persons can be tried for PC as well as no, PC offences depending..........
Prevention of Corruption Act, 1988, Section 3(1), 4(3) -- Non-PC offences - Jurisdiction of Special Judge - Held, Special Judge exercising powers under PC Act is not expected to try no, PC offences totally unconnected with any PC offences u/s.3(1) of PC Act - In event of Special Judge not trying any offence u/s.3(1) of PC Act, question of Special Judge trying no, PC..........
Prevention of Corruption Act, 1988, Section 4(3) -- PC and no, PC offences - Public servant and no, public servant both charged with PC and no, PC offences - Death of public servant during trial - Jurisdiction of Special Judge - Held, once power has been exercised by Special Judge u/s.4(3) of PC Act to proceed against no, PC offences along with PC offences, mere fact that..........
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420 -- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Public servant - Misconduct - Accused abused his position as public servant by demanding and accepting Rs.10,000 from complainant on assurance that he shall not register case u/s 325 IPC against him - Number of currency notes recovered from accused tallied with numbers recorded in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Public servant - Demand and acceptance - Right hand wash of accused in clear solution of sodium carbonate turned pink, shows that accused had come into contact with currency notes which investigating officer had earlier treated with phenolphthalein powder - That could not be possible..........
