Supreme Court · 2007 INSC 405 · Decided 10 April 2007
Paul Varghese v. State of Kerala and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 405 · [2007] 4 S.C.R. 1155
- Case number
- CRIMINAL APPEAL No. 527/2007
- Decided
- 10 April 2007
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319, 19, 197; Prevention of Corruption Act Section 19
Headnote
Bl Prevention of Corruption Act, 1988: s. 19-Sanctionfor prosecution-Necessity of-lmpleadment of accused under s. 319 Cr.P.C. without sanction for prosecution, holding thats. 319 C Cr.P. C. overrides s. 19 of the Act-Order of impleadment set aside by Revisional Court holding that s. 319 does not in the cases covered under the Act, in respect of public servants, the sanction is automatic-Mere error, omission or irregularity in sanction is not fatal unless it has resulted D in failure of justice-Code of Criminal Procedure, 1973-s. 319. s. 19-Sanction for prosecution-Under s. 19 of the
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