Supreme Court · 2016 INSC 856 · Decided 6 September 2016
L. Narayana Swamy v. State of Karnataka & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 856 · [2016] 5 S.C.R. 683
- Case number
- CRIMINAL APPEAL No. 721/2016
- Decided
- 6 September 2016
- Bench
- A.K. SIKRI, N.V. RAMANA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 156(3), 482, 190, 173(2), 200, 202; Prevention of Corruption Act Section 19(1), 19
Headnote
Prevention of Corruption Act, 19./7: s.19(1) - Bar taking cug11iza11ce of ojfence - Held: Bar u/ s.19(1) would not corer ll'ithin its sweep order directing investigation uls.156(3) Cr.P.C. - An order directing investigation uls.156(3) against public servant can be passed only after obtaining valid 197 3 - s.156(3) . s.19(1) - Whether the public servant not being in the same post ;1•hen the offence was allegedly committed though continuing as a public servant loses the protection under s.19(1) of PC Act - Held: Where the public servant had abused the office which he held in the
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