Supreme Court · 1973 INSC 107 · Decided 1 May 1973
State of Rajasthan v. Tarachand Jain
- Court
- Supreme Court of India
- Citation
- 1973 INSC 107 · [1974] 1 S.C.R. 146
- Case number
- CRIMINAL APPEAL No. 24/1970
- Decided
- 1 May 1973
- Bench
- I.D. DUA, HANS RAJ KHANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 5(2), 161, 5; Constitution Article 166; Prevention of Corruption Act Section 5(2)
Headnote
RAJASTHAN v. TARACHAND JAIN May l, 1973 [H. R. KHANNA AND I. D. DUA JJ.J Crin1i11al Trial-Sanction for prosecution-Application of mind to facts of case by authority granting sanction, proof of-Res judicata in criminal pro­ ceedings-Judgment of High Court· in revision is binding on Indian Penal Code and s. 5(2) of the Prevention of Corruption Act, 1947 after sanction for his prosecution had been obtained. The resPondent challenged the validity of the sanction: The Special Judge held that since the sanction was given by the Chief Mirfister and not by the appointing authority,
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