Sunday, 5 April 2020

Whether central government can give sanction for prosecution in an offence U/S 188 of CRPC after cognizance of offence?

Our judgment reported in Thota Venkateswarlu v. State
of A.P. and Another’ [2011 (9) SCC 527] makes it clear that
the Central Government may accord sanction under the proviso
to Section 188 of the Code of Criminal Procedure, 1973, even
after cognizance of offence is taken. In this view of the
matter, there was no need to stay further investigation in
the FIR.

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 394 OF 2020

GAURI ROHAN BEDEKAR Vs SUJATA SANJAY BEDEKAR 

Dated:March 06, 2020.

O R D E R
Leave granted.
We have heard learned counsel for both the sides.
Our judgment reported in Thota Venkateswarlu v. State
of A.P. and Another’ [2011 (9) SCC 527] makes it clear that
the Central Government may accord sanction under the proviso
to Section 188 of the Code of Criminal Procedure, 1973, even
after cognizance of offence is taken. In this view of the
matter, there was no need to stay further investigation in
the FIR.
We, therefore, set aside the judgment under appeal and
allow the appeal.
………………………………………………………………., J.
[ ROHINTON FALI NARIMAN ]
………………………………………………………………., J.
[ S. RAVINDRA BHAT ]
New Delhi;
March 06, 2020.

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