Supreme Court · 2018 INSC 278 · Decided 27 March 2018
Manju Surana v. Sunil Arora & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 278 · [2018] 3 S.C.R. 696
- Case number
- CRIMINAL APPEAL No. 457/2018
- Decided
- 27 March 2018
- Bench
- JASTI CHELAMESWAR, SANJAY KISHAN KAUL (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 156(3); Prevention of Corruption Act Section 19
Headnote
Prevention of Corruption Act, 1988 - s.19 - Previous sanction necessary for prosecution - Allegation of corruption in respect of a public servants - Prior sanction for prosecution - Requirement of, before setting in motion even the investigative process u/s. 156(3) would be whether in cases of the P.C. Act, a different import has to be read qua the power to be exercised u/s. 156(3) - Whether on account of s.19(1), the scope of inquiry u/ s. 156(3) Cr.P.C. can be said to be one of taking 'cognizance' thereby requiring the prior sanction in
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