Case Note & Summary
The case involves two criminal revision petitions: one filed by the State through Lokayukta Police, Gulbarga, and the other by the accused, Sadashiva S. Yelagod, both challenging an order dated 15.03.2008 passed by the Principal Sessions Judge, Gulbarga, in Special Case No.128/2007. The accused was a Civil Assistant Engineer and was alleged to have committed offences under the Prevention of Corruption Act, 1988. The Special Judge had rejected the charge sheet filed by the Lokayukta Police and directed them to file a fresh charge sheet after obtaining necessary sanction for prosecution from the competent authority. The State challenged this order, while the accused sought to set it aside. The High Court examined the legality of the order and held that the Special Judge's direction to file a charge sheet without sanction was without jurisdiction. The court emphasized that under Section 19 of the Prevention of Corruption Act, 1988, sanction for prosecution is a mandatory prerequisite for taking cognizance by a Special Judge. The order directing the investigating agency to file a charge sheet and then take cognizance without sanction was illegal and void ab initio. Consequently, the High Court allowed the revision petition filed by the accused and set aside the impugned order, while dismissing the State's revision petition. The court directed the Special Judge to proceed in accordance with law, ensuring that no cognizance is taken without a valid sanction.
Headnote
A) Criminal Procedure Code, 1973 - Section 397 r/w 401 - Revision - Maintainability - Order directing filing of charge sheet and taking cognizance without sanction is an interlocutory order but revisable if it causes grave injustice or is without jurisdiction - Held that the order was without jurisdiction and liable to be set aside (Paras 4-6). B) Prevention of Corruption Act, 1988 - Section 19 - Sanction for Prosecution - Mandatory requirement - Cognizance by Special Judge without valid sanction is illegal and void ab initio - Held that the Special Judge cannot direct filing of charge sheet or take cognizance without sanction (Paras 7-9).
Issue of Consideration
Whether the Special Judge can direct the investigating agency to file a charge sheet and take cognizance without a valid sanction for prosecution under the Prevention of Corruption Act, 1988
Final Decision
The High Court allowed the revision petition filed by the accused (Crl.RP No.200072/2015) and set aside the order dated 15.03.2008 passed by the Principal Sessions Judge, Gulbarga in Special Case No.128/2007. The revision petition filed by the State (Crl.RP No.659/2008) was dismissed. The Special Judge was directed to proceed in accordance with law, ensuring that no cognizance is taken without a valid sanction for prosecution.
Law Points
- Sanction for prosecution under Section 19 of Prevention of Corruption Act
- 1988 is mandatory
- Cognizance by Special Judge without valid sanction is illegal
- Revision petition maintainable against order directing filing of charge sheet
