Showing posts with label sanction order. Show all posts
Showing posts with label sanction order. Show all posts

Monday, 12 May 2025

Supreme court: Sanction U/S S. 19 PC Act is Not Vitiated Due To Minor Edits In Draft Sanction Order Without Affecting Substance

 If a draft order is placed before the sanctioning authority and he is satisfied that nothing needs to be added/deleted therefrom, the grant of sanction cannot be faulted merely on the ground of absence of addition of words to/deletion of words from the draft. We have noticed that PW-3 made four minor corrections to ensure that the substance conforms to the form in which the sanction was required to be given, without altering the substance (i.e. the contents). That there has been a complete absence of application of mind by PW-3 is, thus, not proved; also, that there has been a failure of justice, has not been shown. On facts, we are satisfied that there has been no irregularity, far less illegality, in grant of sanction. We are, thus, not even required to invoke provisions of Section 465, Cr. PC.

 {Para 14}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2025

[ARISING OUT OF SLP (Crl.) NO. 13997 OF 2024]

DASHRATH Vs THE STATE OF MAHARASHTRA 

Author: DIPANKAR DATTA, J.

Dated: APRIL 24, 2025.

Citation: 2025 INSC 654.
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