Case Note & Summary
The judgment pertains to four criminal revision applications filed by multiple applicants challenging the order of the Special Judge (CBI) at Goa, who took cognizance and issued process against them in a private complaint filed by the CBI under the Prevention of Corruption Act, 1988 (PC Act) and the Indian Penal Code, 1860 (IPC). The applicants were accused of offences under Sections 7, 8, 9, 10, 11, 12, 13(1)(d) read with 13(2) of the PC Act and Sections 120B, 420, 467, 468, 471 of IPC. The core legal issue was whether the Special Judge could take cognizance of the private complaint without prior sanction under Section 19 of the PC Act. The applicants argued that sanction was mandatory before taking cognizance, relying on the language of Section 19 which states 'no court shall take cognizance of an offence punishable under this Act... except with the previous sanction'. The CBI contended that Section 19 applies only to police reports under Section 173 CrPC, not to private complaints, and that the court can take cognizance under Section 190 CrPC without sanction. The High Court analyzed the scheme of the PC Act and CrPC, noting that Section 19 PC Act is a procedural bar that applies only when the police file a charge-sheet after investigation. For private complaints, the court takes cognizance under Section 190(1)(a) CrPC, which does not require sanction. The court held that the Special Judge did not commit any jurisdictional error in taking cognizance and issuing process. The court also held that in revision against issuance of process, the High Court can only interfere if the order is perverse or suffers from jurisdictional error, and cannot re-appreciate evidence. The revision applications were dismissed, and the interim stay on further proceedings was vacated. The court directed the trial court to proceed with the case expeditiously.
Headnote
A) Criminal Procedure Code - Cognizance of Offence - Section 190 CrPC - Private Complaint - Sanction under Section 19 of Prevention of Corruption Act, 1988 is not a prerequisite for taking cognizance of a private complaint under Section 190 CrPC. The court held that Section 19 PC Act applies only to cases where the police file a charge-sheet under Section 173 CrPC, and not to private complaints. The Special Judge can take cognizance on a private complaint without prior sanction. (Paras 10-15) B) Prevention of Corruption Act - Sanction for Prosecution - Section 19 PC Act - Applicability - Section 19 PC Act does not bar taking cognizance of a private complaint. The requirement of sanction under Section 19 is only for police reports under Section 173 CrPC. The court reasoned that the language of Section 19 refers to 'cognizance of an offence' but must be read in the context of the scheme of the Act and CrPC. (Paras 10-15) C) Criminal Procedure Code - Revision - Maintainability - Section 397 CrPC - Issuance of Process - The High Court in revision against an order issuing process can only interfere if there is a jurisdictional error or the order is perverse. The court cannot re-appreciate evidence like an appellate court. The revision applications were dismissed as no such error was found. (Paras 16-20)
Issue of Consideration
Whether the Special Judge was justified in taking cognizance and issuing process against the applicants in a private complaint under the Prevention of Corruption Act, 1988 without prior sanction under Section 19 of the said Act, and whether the revision applications are maintainable against such order.
Final Decision
The High Court dismissed all four criminal revision applications, holding that the Special Judge did not commit any jurisdictional error in taking cognizance and issuing process without prior sanction under Section 19 of the PC Act. The interim stay on further proceedings was vacated, and the trial court was directed to proceed with the case expeditiously.
Law Points
- Sanction for prosecution under Section 19 of Prevention of Corruption Act
- 1988 is not required for taking cognizance of a private complaint under Section 190 of Code of Criminal Procedure
- 1973
- Cognizance can be taken on a private complaint even without prior sanction
- Section 19 PC Act applies only to police reports under Section 173 CrPC
- Revision against issuance of process is maintainable only on limited grounds of jurisdictional error or perversity
- High Court in revision cannot re-appreciate evidence like an appellate court
