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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