Supreme Court · 2006 INSC 961 · Decided 6 December 2006
Lalu Prasad@ Lalu Prasad Yadav v. State of Bihar Through Cbi (Ahd) Patna
- Court
- Supreme Court of India
- Citation
- 2006 INSC 961 · [2006] SUPP. 10 S.C.R. 251
- Case number
- CRIMINAL APPEAL No. 1276/2006
- Decided
- 6 December 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 107, 109; CrPC Section 197, 227, 228, 239, 240, 245, 19; Prevention of Corruption Act Section 13(J)(e), 13(2), 19
Headnote
Prevention of Corruption Act, 1988; s.13(J)(e) rlw s.13(2) and s.19(l)(b)/Code of Criminal Procedure, 1973; ss. 197, 227, 228, 239, 240 and 245: Prosecution of public servant-When not ho/ding the same office which he allegedly abused-Sanction to prosecute-Requirements of-Held: Order rejecting plea by A B c a speaking order-Sanction of Governor had no sanctity in the eye of law­ Sanction so granted earlier has no validity-It cannot be construed as a case D of causus omissus-Cases in which question raised as to recording of reasons at the time of framing of charge differs from cases of
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