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Bombay High Court Allows Accused's Discharge in Corruption Case Due to Lack of Valid Sanction Under Section 19 of Prevention of Corruption Act, 1988. Absence of Sanction from Competent Authority Renders Prosecution Void and Accused Entitled to Discharge.

The case involves a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973 by the applicant/accused, Kamlakar Sharad Vis...

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Bombay High Court Quashes Sanction Order in Corruption Case Against Range Forest Officer — Sanction Granted Without Application of Mind. Sanction under Section 19(1)(b) of Prevention of Corruption Act, 1988 set aside as sanctioning authority failed to independently consider material evidence.

The petitioner, Rajendra Gangadhar Rane, a Range Forest Officer, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of Indi...

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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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Gujarat High Court Allows Appeal by Pollution Control Board in Water Pollution Case — Sanction for Prosecution Valid Under Section 49 of Water Act. Chairman's Sanction Pursuant to Board Resolution is Sufficient Compliance with Section 49 of Water (Prevention and Control of Pollution) Act, 1974.

The Gujarat Pollution Control Board (Appellant) filed a criminal complaint against Respondent No. 2 and others for violation of Sections 24 and 25 of ...

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Bombay High Court Quashes Process Against Police Officer in Atrocities Act Case for Lack of Sanction Under Section 197 CrPC. Investigation Act Being Official Duty, Sanction Required Before Prosecution for Alleged Caste-Based Insult During Statement Recording.

The applicant, Dr. Kakasaheb Adinath Dole, a Sub-Divisional Police Officer, challenged the order issuing process against him in Regular Criminal Compl...

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Bombay High Court Directs Reconsideration of Sanction Refusal in Corruption Case Against Police Inspector. Court holds that sanctioning authority must apply its own mind and not rely solely on departmental inquiry findings, and that refusal of sanction must be based on valid reasons and not be arbitrary.

The petitioner, Saddam Shah Khalil Shah Fakir, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, challenging the order...

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Bombay High Court Considers Validity of Revised Sanction for Prosecution of Police Officer Under IPC for Kidnapping. Question Whether Fresh Material Required for Second Sanction Order Under Section 197 CrPC and Bar of Section 161 Maharashtra Police Act.

The instant criminal writ petition was filed under Section 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India...

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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...