Friday, 31 July 2020

Supreme Court: Prosecution of accused for an offence under IPC can continue even if sanction for prosecution under Prevention of Corruption Act is not forthcoming

We decline to deviate from the view taken by the High
Court that the charge against the petitioner for offence
punishable under the Indian Penal Code can continue
irrespective of the fact that sanction in respect of
offence punishable under Prevention of Corruption Act,
1988 is not forthcoming. To that extent, we find no
infirmity in the conclusion reached by the High Court.
Our understanding of the impugned judgment is that
the High Court has made it clear that if sanction to
prosecute the petitioner for offence punishable under
Prevention of Corruption Act, 1988 is not or has not been
granted, the question of proceeding against the
petitioner for that charge does not arise.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 2787/2020

SATYABRAT GUPTA Vs THE STATE OF JHARKHAND 
Dated : 29-07-2020 
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE SANJIV KHANNA


UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the petitioner.
We decline to deviate from the view taken by the High
Court that the charge against the petitioner for offence
punishable under the Indian Penal Code can continue
irrespective of the fact that sanction in respect of
offence punishable under Prevention of Corruption Act,
1988 is not forthcoming. To that extent, we find no
infirmity in the conclusion reached by the High Court.
Our understanding of the impugned judgment is that
the High Court has made it clear that if sanction to
prosecute the petitioner for offence punishable under
Prevention of Corruption Act, 1988 is not or has not been
granted, the question of proceeding against the
petitioner for that charge does not arise. This aspect be
borne in mind by the Trial Court while proceeding with
the trial against the petitioner.
In light of above, no further indulgence is
warranted.
The Special Leave Petition is dismissed accordingly.
Pending applications, if any, stand disposed of.


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