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Supreme Court Allows Appeal of BIS Employee in Sexual Harassment Case Due to Lack of Sanction for Prosecution. Sanction for prosecution under Section 197 CrPC is mandatory for public servants acting in official capacity; refusal of sanction by competent authority renders criminal proceedings invalid.

The present criminal appeal arises from an order of the High Court of Judicature at Allahabad, Lucknow Bench, which dismissed the appellant's petition...

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Bombay High Court Allows Revision Application and Discharges Accused in Corruption Case Due to Lack of Sanction for Prosecution. The court held that sanction under Section 19 of the Prevention of Corruption Act, 1988 is mandatory for prosecuting a public servant, and its absence vitiates the proceedings.

The case involves a criminal revision application filed by Sunil Achyutrao Thete, who was charged with offences under Sections 7, 12, 15, 13(1)(d) rea...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Invalid Sanction. Sanction order under Prevention of Corruption Act, 1988 must show application of mind and failure to do so vitiates prosecution.

The State of Maharashtra filed an appeal against the acquittal of the respondent (original accused) by the Special Judge, Pune, for offences under Sec...

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Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...

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High Court of Karnataka Dismisses Petition Challenging Validity of Sanction in Corruption Case Against Motor Vehicles Inspector. Sanction for prosecution under Section 19 of Prevention of Corruption Act, 1988 held valid as sanctioning authority applied its mind to the material.

The petitioner, Dr. H. C. Sathyan, a Motor Vehicles Inspector working at the RTO Office, Sakleshpur, was charge-sheeted by the Karnataka Lokayukta Pol...