Case Note & Summary
The petitioner, Sri S.V. Nandaraju, a retired Superintendent, filed a writ petition under Article 226 of the Constitution read with Section 482 Cr.P.C. seeking quashing of the charge sheet in Special C.C. No.315/2016 pending before the XXIII Additional City Civil and Special Judge at Bangalore, and all further proceedings therein, insofar as he is concerned. The charge sheet was filed by the Karnataka Lokayukta Police alleging offences under the Prevention of Corruption Act, 1988. The petitioner contended that no valid sanction under Section 19 of the Prevention of Corruption Act, 1988 was obtained prior to the filing of the charge sheet, and that he had retired from service before the cognizance was taken. The court examined the requirement of sanction under Section 19 of the PC Act, which mandates prior sanction from the competent authority before taking cognizance of offences against public servants. The court noted that the petitioner was a public servant at the time of the alleged acts and that the protection under Section 19 extends even after retirement. Since no sanction was obtained, the proceedings were held to be invalid. The court allowed the petition and quashed the charge sheet and all proceedings against the petitioner.
Headnote
A) Criminal Procedure - Quashing of Charge Sheet - Section 482 Cr.P.C. - Lack of Sanction - Petitioner, a retired public servant, was charge-sheeted under Prevention of Corruption Act, 1988 without prior sanction from competent authority - Court held that sanction under Section 19 of PC Act is mandatory and its absence renders the proceedings invalid - Charge sheet quashed (Paras 1-10). B) Prevention of Corruption Act - Sanction for Prosecution - Section 19 - Applicability to Retired Public Servants - Petitioner retired from service before cognizance was taken - Court held that protection under Section 19 extends to retired public servants for acts done in official capacity - Proceedings quashed (Paras 5-8).
Issue of Consideration
Whether the charge sheet and proceedings against the petitioner can be quashed for want of valid sanction under Section 19 of the Prevention of Corruption Act, 1988?
Final Decision
The court allowed the petition and quashed the charge sheet in Special C.C. No.315/2016 and all further proceedings against the petitioner.
Law Points
- Sanction under Section 19 of Prevention of Corruption Act
- 1988 is mandatory before taking cognizance of offences against public servants
- Lack of valid sanction vitiates the entire proceedings
- Protection under Section 19 extends to retired public servants for acts done in official capacity
