"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
3 years, 11 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD Leader. The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act. Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD Leader had approached the Apex Court. Before the bench comprising Justices Ashok Bhushan and MR Shah, Senior Advocate Ranjit Kumar, who appeared for Kumaraswamy, contended that, in view of the amendment made in Section 19 of the Prevention of Corruption Act in 2018, a sanction was required even though the petitioner was not holding the office at the time when the cognizance was taken.

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History of this topic

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
1 week ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Karnataka High Court Annual Digest 2024 [Part I]
1 week, 6 days ago

Karnataka High Court Annual Digest 2024 [Part I]

Live Law  

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and …

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
3 weeks, 4 days ago

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law  

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

If an investigation indicts Siddaramaiah, Governor has to grant another sanction for his prosecution
4 months, 3 weeks ago

If an investigation indicts Siddaramaiah, Governor has to grant another sanction for his prosecution

The Hindu  

The sanction granted by Karnataka Governor Thaawarchand Gehlot paves the way for an investigation against Chief Minister Siddaramaiah under the provisions of the Prevention of Corruption Act, 1988, at present, and not for his prosecution under the Act. If any court has to take cognisance of the alleged offences, in case the conduct of investigation leads to the filing of …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
5 months, 1 week ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 3 weeks ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
10 months, 1 week ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 1 month ago

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC

Live Law  

While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON Ltd, seeking …

Chandrababu Naidu's Plea : Will Remand Order Be Valid If PC Act Offences Go Due To Lack Of Sec 17A Sanction? Supreme Court Asks AP CID
1 year, 2 months ago

Chandrababu Naidu's Plea : Will Remand Order Be Valid If PC Act Offences Go Due To Lack Of Sec 17A Sanction? Supreme Court Asks AP CID

Live Law  

The Supreme Court on Tuesday, while hearing former Andhra Pradesh Chief Minister N Chandrababu Naidu's plea, asked the Andhra Pradesh Crime Investigation Department whether the order of a special court remanding the legislator to custody would be valid even if the offences under the Prevention of Corruption Act do not survive or are dropped on grounds of non-compliance with the …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court
2 years, 2 months ago

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in the absence of any dishonest motive or intention on the part of public servant, criminal prosecution cannot be launched against him or her under the Prevention of Corruption Act. The bench comprising Justice Sanjay Dhar was hearing a petition challenging FIR for offence under Section 5 of the …

[Undue Influence At Elections] Mere Endorsement On Police Requisition Not Sufficient To Prosecute Karnataka Law Minister JC Madhuswamy: High Court
2 years, 2 months ago

[Undue Influence At Elections] Mere Endorsement On Police Requisition Not Sufficient To Prosecute Karnataka Law Minister JC Madhuswamy: High Court

Live Law  

The Karnataka High Court has held that for initiating proceedings for non-cognizable offences under Sections 171-F and 171-C of IPC, the Magistrate must grant permission after due application of mind. Holding thus, single judge bench of Justice S Sunil Dutt Yadav set aside the proceedings initiated against State's Law Minister JC Madhuswamy and restored the matter to the stage of …

Sanction U/S 137 Customs Act Not Required For Prosecution On Charges Under Prevention Of Corruption Act: Karnataka High Court
2 years, 5 months ago

Sanction U/S 137 Customs Act Not Required For Prosecution On Charges Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that sanction under Section 137 of the Customs Act, to prosecute an officer of the Customs Department, charged under the offences punishable under the Prevention of Corruption Act, is not required. The Petitioner contended that on the date of the alleged offences, he was serving in the Customs Department and thus, a sanction order …

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates
2 years, 9 months ago

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates

Live Law  

The Andhra Pradesh High Court has directed the State Judicial Magistrates to record their satisfaction before authorizing the detention, in the exercise of powers under Section 167 Cr.P.C., and that they must apply their mind objectively in the obtaining facts of the case and pass a reasoned order.The Bench of Chief Justice Prashant Kumar Mishra and Justice A. V. Sesha …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
2 years, 11 months ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 1 month ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court
3 years, 2 months ago

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court

Live Law  

The Supreme Court has held that prior sanction of the Magistrate is not mandatory for investigating a non-cognizable offence along with a cognizalbe offence.A bench comprising Justices MR Shah and AS Bopanna held so while dealing with an appeal against a judgment of the Jammu and Kashmir High Court, which quashed an FIR for offences under under the J&K Prevention …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court
3 years, 3 months ago

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court

Live Law  

The Supreme Court observed that the validity of sanction order can also be raised in the course of trial.In this case, the petitioner's contention before the Apex Court was that the Trial Court has taken cognizance of the offence without there being valid sanction as per the provision of Section 19 of the Prevention of Corruption Act, 1988. The Supreme …

Normal Rules Of Criminal Jurisprudence Not Applicable To COFEPOSA: Kerala HC Upholds Preventive Detention Of Accused In Gold Smuggling Case
3 years, 3 months ago

Normal Rules Of Criminal Jurisprudence Not Applicable To COFEPOSA: Kerala HC Upholds Preventive Detention Of Accused In Gold Smuggling Case

Live Law  

While directing continued preventive detention of two accused in the gold smuggling case, the Kerala High Court held that the normal rules of criminal jurisprudence or provisions of the Evidence Act will not be attracted while invoking provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.A Division Bench of Justice A.K Jayasankaran. While directing continued …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 4 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC
3 years, 5 months ago

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC

Live Law  

The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 5 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

COVID19 : Karnataka High Court Extends Time For Rectification Of Office Objections
3 years, 7 months ago

COVID19 : Karnataka High Court Extends Time For Rectification Of Office Objections

Live Law  

The Karnataka High Court on Wednesday restored the proceedings in the public interest litigation initiated on its own to address various legal and technical issues that arose before the district and trial courts, from June 1 2020, when they started 'limited functioning', in the state. The court added "Due to the lockdown announced by the Government of Karnataka, the members …

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi
3 years, 10 months ago

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi

Live Law  

The Karnataka High Court has directed a Magistrate to consider afresh the criminal complaints against Union Minister Anant Kumar Hegde and BJP MLA CT Ravi over the statements made by them in the context of Tipu Jayanti celebrations in 2017. Secondly the court observed that "The sole ground on which the Trial Court has dismissed the complaint is that the …

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court
3 years, 11 months ago

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court

Live Law  

The Kerala High Court has held that a Single Judge Bench can take cognizance and decide civil contempt petition.The Division Bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly struck down Rule 6 of the Contempt of Courts Rules as ultra vires to the Constitution of India and Section 19 of the Contempt of Courts Act. The …

Karnataka High Court Refuses To Quash Corruption Case Against Yediyurappa; Deprecates Laxity In Investigation
4 years ago

Karnataka High Court Refuses To Quash Corruption Case Against Yediyurappa; Deprecates Laxity In Investigation

Live Law  

The Karnataka High Court on Tuesday refused to quash a criminal complaint registered under the Prevention of Corruption Act, against Chief Minister B S Yediyurappa, who is alleged of de-notifying parcels of land and allotting it to entrepreneurs, during his tenure as the Deputy Chief Minister of the state, between February 2006 and October 2007. A single bench of Justice …

BREAKING : Karnataka High Court Stays State Government Decision To Drop 61 Criminal Cases Against Ministers, MLAs
4 years ago

BREAKING : Karnataka High Court Stays State Government Decision To Drop 61 Criminal Cases Against Ministers, MLAs

Live Law  

In a set back to the BS Yeddyurappa-led government, the Karnataka High Court on Monday stayed the government order dated August 31, by which it had decided to drop criminal prosecution in 61 cases against elected Representatives and Ministers. A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty ordered : "We direct that no further steps …

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs
4 years, 1 month ago

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs

Live Law  

The Karnataka High Court on Thursday issued notice on a petition which challenged the Government decision to drop criminal prosecution in 61 cases against elected representatives and ministers.A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty observed : "No Court is bound by such a decision taken to withdraw from the prosecution. The Karnataka High Court …

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]
4 years, 5 months ago

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]

Live Law  

The Supreme Court has observed that the charge against an accused 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,is not forthcoming.The bench comprising of Justice AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna agreed with the view taken by Jharkhand High Court. The …

COVID-19 Lockdown : SC Issues Notice On Plea To Allow Advocates To Advertise, Take Up Other Works
4 years, 5 months ago

COVID-19 Lockdown : SC Issues Notice On Plea To Allow Advocates To Advertise, Take Up Other Works

Live Law  

The Supreme Court on Tuesday Tuesday issued notice in a plea seeking issuance of directions to the Bar Council of India to permit use of The Supreme Court on Tuesday Tuesday issued notice in a plea seeking issuance of directions to the Bar Council of India to permit use of A bench of Chief Justice SA Bobde, N. Subhash Reddy …

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]
4 years, 6 months ago

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the power under Section 482 of Code of Criminal Procedure can be exercised to quash criminal proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of court. If, on the face of the complaint, the act alleged appears to have a reasonable relationship with official duty, where …

Meaning Of Term 'Cognizance' With Respect To Vinubhai Malaviya Judgment
4 years, 7 months ago

Meaning Of Term 'Cognizance' With Respect To Vinubhai Malaviya Judgment

Live Law  

Meaning and scope of cognizance The term cognizance has not been defined in the Code of Criminal Procedure, 1973. In Tula Ram vs. Kishore, it was held that taking cognizance means the judicial application of the mind of the Magistrate, to the facts mentioned in the complaint, with a view to take further action. Ltd. vs. State of Karnataka that …

Karnataka HC Upholds Conviction Of LeT Operative Who Conspired To Attack IT Hubs And Secretariat Building In Bengaluru [Read Judgment]
5 years ago

Karnataka HC Upholds Conviction Of LeT Operative Who Conspired To Attack IT Hubs And Secretariat Building In Bengaluru [Read Judgment]

Live Law  

The Karnataka High Court has upheld the conviction and life sentence imposed on Imran Jalal @ BILAL, a member of the banned terrorist organisation Lashkar-e-Toiba, who had conspired to carry out terrorist attacks on major IT companies like Infosys, Wipro, ITP, HAL and Vidhana Soudha in Bengaluru to kill innocent people and to wage war against the Government of India. …

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