Supreme Court · 2005 INSC 493 · Decided 7 October 2005

State of Karnataka Through Cbi v. C. Nagarajaswamy

Court
Supreme Court of India
Citation
2005 INSC 493 · [2005] SUPP. 4 S.C.R. 169
Case number
CRIMINAL APPEAL No. 1279/2002
Decided
7 October 2005
Bench
S.B. SINHA, R.V. RAVEENDRAN (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
CrPC Section 300, 313, 482, 227; Constitution Article 20(2); Prevention of Corruption Act Section 19

Headnote

B Constitution of India-Article 20(2)-Code of Criminal Procedure, 1973-Section 300-Prevention of Corruption Act, 1988-Section 19-State initiated proceeding~ against persons without proper order of sanction for C prosecution-Trial Court discharged the persons on ground of invalid sanction after sanction before High Court-High Court allowed the applications of the persons-Correctness of-Held, grant of proper sanction is a sine qua non for taking cognisance of the offence-Question of proper sanction can be dealt with after taking cognisance of the offence or after trial D or even before an

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