Sanction shouldn't be granted for vexatious prosecution; revisional court is not justified in setting aside an order of Magistrate unless the order is perverse or wholly unreasonable: SC [Read the...

Setting aside an order of the High Court, a Supreme Court Bench comprising of Justice Kurian Joseph and Justice A.M. Sapre observed that one of the main considerations to be borne in mind while considering whether sanction should be granted or not, should be whether the prosecution is genuine and not vexatious.The first question before the apex Court were whether the High Court is justified. Setting aside an order of the High Court, a Supreme Court Bench comprising of Justice Kurian Joseph and Justice A.M. Sapre observed that one of the main considerations to be borne in mind while considering whether sanction should be granted or not, should be whether the prosecution is genuine and not vexatious. The first question before the apex Court were whether the High Court is justified in setting aside the same in exercise of its revisional jurisdiction, even after the Magistrate, on proper application of mind, decided to accept the closure report submitted by the police under Section 173 Cr.P.C, merely because another view may be possible. The High Court set aside the order passed by the Magistrate and directed the Director General of Police to forward the request for sanction for prosecution to the competent authority.