Supreme Court · 1997 INSC 637 · Decided 3 September 1997
Mansukhlal Vithaldas Chauhan v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 1997 INSC 637 · [1997] SUPP. 3 S.C.R. 705
- Case number
- CRIMINAL APPEAL No. 502/1993
- Decided
- 3 September 1997
- Bench
- M.K. MUKHERJEE, S. SAGHIR AHMAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 21(12), 161; Constitution
Headnote
CHAUHAN A v. STATE OF GUJARAT SEPTEMBER 3, 1997 B [M.K. MUKHERJEE AND S. SAGHIR AHMED, JJ.) Prevention of Corporation Act, 1947-Ss. 5(2 ), 6-Sanct!on for prosecu­ tio!Hndependent application of mind by sanctioning authority based on material and evidence collected during investigation to grant sanction takes away the discretion of the authority and robs the appellant of a right to a fair trial-Order void ab initio-However, matter not remitted for reconsideration due to lapse of time-Scheme of the Statue guides in deciding whether the duty under the Statute is mandatory or D
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