Supreme Court · 2010 INSC 864 · Decided 9 December 2010

State of Himachal Pradesh v. Nishant Sareen

Court
Supreme Court of India
Citation
2010 INSC 864 · [2010] 13 S.C.R. 1200
Case number
CRIMINAL APPEAL No. 2353/2010
Decided
9 December 2010
Bench
AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 197; Prevention of Corruption Act Section 19

Headnote

Prevention of Corruption Act, 1988 - s. 19 - Previous sanction necessary for prosecution - Reviewing of order C granting or refusing sanction to prosecute public servant on same materials by sanctioning authority - Permissibility of - Held: Not permissible - Power of the sanctioning authority could be exercised only once on the same materials - On basis of the fresh materials D collected by the investigating agency subsequent to the earlier order, sanctioning authority can reconsider the matter and form an opinion to grant sanction to prosecute the public servant - On facts, no

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