Case Note & Summary
The petitioner, Sri Chandrashekhar Eligar, a Superintending Engineer in the PWD Department, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the First Information Report in Crime No.4/2015 registered by the Lokayukta Police, Chitradurga, for offences under Sections 13(1)(d) and 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. The FIR was based on information that the petitioner was transporting a huge amount of money in an Innova car from Dharwad to Bengaluru. The petitioner contended that the investigation was initiated without obtaining the mandatory prior sanction under Section 19 of the Prevention of Corruption Act, which is a prerequisite for investigating a public servant. The court examined the provisions of Section 19 and noted that no sanction had been obtained from the competent authority before registering the FIR. The court held that the absence of sanction vitiates the investigation and that the FIR and all proceedings were liable to be quashed. The court allowed the petition and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Lack of Sanction - The petitioner sought quashing of FIR in Crime No.4/2015 registered for offences under Sections 13(1)(d) and 13(1)(e) read with 13(2) of Prevention of Corruption Act, 1988, on the ground that no prior sanction was obtained as required under Section 19 of the Act. The court held that the investigation cannot proceed without valid sanction, and quashed the FIR and all proceedings. (Paras 1-10) B) Prevention of Corruption Act - Sanction for Prosecution - Section 19 - Mandatory Requirement - The court examined the requirement of sanction under Section 19 of the Prevention of Corruption Act, 1988, and held that the absence of sanction vitiates the investigation. The court relied on the principle that sanction is a condition precedent for taking cognizance of offences by public servants. (Paras 5-9)
Issue of Consideration
Whether the FIR and investigation can be quashed for want of prior sanction under Section 19 of the Prevention of Corruption Act, 1988, when the petitioner is a public servant?
Final Decision
The court allowed the writ petition and quashed the FIR in Crime No.4/2015 and all proceedings before the respondent police.
Law Points
- Sanction under Section 19 of Prevention of Corruption Act is mandatory before investigation
- Quashing of FIR for lack of sanction
- Disproportionate assets case requires prior approval
