MP High Court Protects Independent Decision on Corruption Prosecution Sanction

The Madhya Pradesh High Court held that a prosecution-sanctioning authority must independently assess the investigation record and cannot treat a Special Judge’s prima facie view as binding.

Background and dispute

The case involved allegations of a bribe demand during a bridge-construction contract. Police filed a closure report, which the Special Judge rejected while directing the record to the competent authority for sanction.

Legal issue and court’s approach

Justices Subodh Abhyankar and Jai Kumar Pillai upheld the rejection of the closure report but treated the judge’s statement that an offence was prima facie established as non-binding obiter. Sanction under Section 19 requires genuine independent consideration.

Order and practical consequence

The competent authority remains free to decide sanction on the complete record without judicial pressure.