Supreme Court · 1998 INSC 282 · Decided 4 August 1998
Kalicharan Mahapatra v. State of Orissa
- Court
- Supreme Court of India
- Citation
- 1998 INSC 282 · [1998] 3 S.C.R. 961
- Case number
- CRIMINAL APPEAL No. 770/1998
- Decided
- 4 August 1998
- Bench
- M.M. PUNCHHI, K.T. THOMAS (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 197, 482; Constitution; Prevention of Corruption Act Section 19, 13(2), 13(1)(e)
Headnote
Criminal Law : Prevention of Corruption Act, 1988: Sections 19, 13(2) and 13 (1) (e). Public servant- Commission of offence by-Public servant ceased to be so at the time of trial-Prosecution of-Held: Even if a public servant ceased to be so he is liable to be prosecuted under the Act-However, servant-Merely because previous sanction is required for former D · public servant, under S. 197 Cr. P. C. It does not mean that no prosecution can be launched against a former public servant-Criminal Procedure Code, 1973, s. 197. The appellant was an IPS Officer against whom a charge
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