Supreme Court · 2004 INSC 510 · Decided 10 September 2004
State BY Police Inspector v. T. Venkatesh Murthy
- Court
- Supreme Court of India
- Citation
- 2004 INSC 510 · [2004] SUPP. 4 S.C.R. 279
- Case number
- CRIMINAL APPEAL No. 997/2004
- Decided
- 10 September 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 462, 465; Prevention of Corruption Act Section 462, 465, 7, 13(1)(d), 13(2), 19
Headnote
Prevention ofCorrupti;n Act, 1988-Section 19 (3) & (4)-Karnataka Electricity Board Employees (Classification, Disciplinary Control . and Appeal) Regulations, 1987-Sanction for prosecution of a public servant-Charges framed and evidence recorded-Trial court discharging the accused after finding error or irregularity in according sanction for prosecution could not affect validity of proceeding unless court records satisfaction that it resulted in failure of justice-Same logic applying to appellate and revisional courts also-Further, th~ requirement of raising the issue of sanction
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