Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court
4 months, 2 weeks ago

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Live Law  

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In this case, the petitioners had approached the High Court under Article 226 of the Constitution, challenging an order of the Government refusing to grant sanction to prosecute a public servant. The purpose of sanction itself being to insulate a public servant from frivolous prosecutions, the said process would become a dead letter, if the orders of the sanctioning authority are interfered with, without any rhyme or reason.” The first and second petitioners, who are the brothers of the deceased, alleged that their brother's death in 2001 was caused by police brutality at the hands of a Police Sub Inspector of Nilambur police station. It is also argued that once sanctioning authority refuses to grant sanction to prosecute a public servant, the Courts must not intervene.

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History of this topic

Needless Deterrent Action Against Complainants Will Discourage Them From Bringing Grievances Against Public Authorities Before Lok Ayukta: Kerala HC
6 days, 12 hours ago

Needless Deterrent Action Against Complainants Will Discourage Them From Bringing Grievances Against Public Authorities Before Lok Ayukta: Kerala HC

Live Law  

The Kerala High Court observed that needlessly taking deterrent actions against complainants under Section 21 of the Kerala Lok Ayukta Act for filing complaints against public authorities could discourage individuals from bringing their grievances before the Lok Ayukta. Upon dismissal of the complaint by Lok Ayukta, application was filed seeking sanction to prosecute the complainant under Section 21 for filing …

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court
Trending News
1 month, 2 weeks ago

Assertion Of Accused Being Habitual Offender Not Sufficient For Preventive Detention, Must Establish Continuous Commission Of Offences: J&K High Court

Live Law  

While setting aside a detention order, the J&K High Court held that preventive detention cannot be a punitive measure on the apprehension that the detenu is going to go scot-free in pending trials due to lack of support to the prosecution case. A bench of Justice Vinod Chatterji Kaul said that when the thread of connectivity between the last incident …

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC
2 months, 2 weeks ago

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC

Live Law  

“ Section 197 of the Cr.PC and Section 218 of the BNSS are intended to operate as a safeguard against public servants from being dragged into vexatious proceedings for having discharged their official duties. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings while …

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court
3 months, 2 weeks ago

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court

Live Law  

The Supreme Court recently held that once a sanction to prosecute a public servant has been denied, it cannot be granted again unless new material is presented to the competent authority justifying the subsequent sanction.“The subsequent sanction was given based on the same material, therefore, in the absence of any other contra material which weighed in the mind of the …

Why is sanction for prosecution needed?
6 months, 3 weeks ago

Why is sanction for prosecution needed?

The Hindu  

The story so far: The issue of granting sanction to prosecute a public servant has once again come to the fore, following Karnataka Governor Thawar Chand Gehlot’s approval to open an investigation against Chief Minister Siddaramaiah and to prosecute him in connection with alleged irregularities in the allotment of compensatory plots to his wife whose land had been lost to …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 4 months ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law  

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 4 months 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 …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month 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 …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
2 years, 1 month ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court
2 years, 1 month ago

District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court

Live Law  

The Kerala High Court recently held that the sanction of the district collector is not required for initiating prosecution under Section 7 of the Essential Commodities Act, 1955. As Rajan failed to produce any bill, invoice, or other documents supporting such storage of LPG cylinders, the District Collector alleged violation of clause 6 of the LPG Order, 2000 and Section …

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice
3 years, 1 month ago

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice

Live Law  

The Delhi High Court has issued notice on a petition raising a question as to whether a sanction to prosecute an accused under Essential Commodities Act is required when such a person is not a public servant. Justice Subramonium Prasad issued notice on the petition assailing the orders passed by Chief Metropolitan Magistrate of the Karkardooma Courts whereby it was …

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court
3 years, 3 months ago

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court

Live Law  

The Karnataka High Court has held that an investigating agency cannot be construed as a person aggrieved of an order passed by the State refusing to grant sanction to prosecute, a government servant in this case. It observed, "In my considered view, no fault can be found with the exercise of discretion of the competent authority in looking into the …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 3 months 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 …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 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 …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 6 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 …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 7 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 …

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court
3 years, 9 months ago

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court

Live Law  

The Kerala High Court recently ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by him for extraneous considerations or on oblique motives. The question that came up in the Court was whether a public …

Death Of The Sole Public Servant Does Not Enable The Special Judge Under The P.C. Act To Transmit The Case To The Regular Criminal Court For Trial Of The Surviving Non-Public Servants
5 years, 2 months ago

Death Of The Sole Public Servant Does Not Enable The Special Judge Under The P.C. Act To Transmit The Case To The Regular Criminal Court For Trial Of The Surviving Non-Public Servants

Live Law  

I chanced to come across a recent judgment of a learned single Judge of the High Court of Kerala directing the Special Judge exercising jurisdiction under the Prevention of Corruption Act, 1988, to transmit the C.C. 20.64 crores and thereby committed offences under Section 5 punishable under Section 5 of the Prevention of Corruption Act, 1947 corresponding to Section 13 …

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment]
5 years, 3 months ago

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment]

Live Law  

The Supreme Court has observed that protection of sanction to public servants under Section 197 of the Code of Criminal Procedure is not available where the acts are performed using the office as a mere cloak for unlawful gains.The Court also observed that the protection of sanction under Section 19 of the Prevention of Corruption Act would not be available …

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]
5 years, 6 months ago

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]

Live Law  

In a notable judgment, the High Court of Kerala has discharged alleged Maoist leader Roopesh of charges under Unlawful Activities Prevention Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution.The Court was considering three revision petitions filed by Roopesh challenging the orders of the Sessions. In …

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]
6 years, 11 months ago

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]

Live Law  

In a significant development a two Judge Bench of the Supreme Court comprising Justices Chelameswar and Sanjay Kishan Kaul on Tuesday referred the question ‘whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973’. In …

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]
6 years, 11 months ago

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]

Live Law  

In a significant development a two Judge Bench of the Supreme Court comprising Justices Chelameswar and Sanjay Kishan Kaul on Tuesday referred the question ‘whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973’. In …

Can't prosecute govt servants without sanction: Rajasthan brings law
7 years, 5 months ago

Can't prosecute govt servants without sanction: Rajasthan brings law

Deccan Chronicle  

Jaipur: The Vasundhara Raje government has passed an ordinance which seeks to protect both serving and former judges, magistrates and public servants in Rajasthan from being investigated for on-duty action without its prior sanction. The Criminal Laws Ordinance, 2017, promulgated on 7 September, “No magistrate shall order an investigation nor will any investigation be conducted against a person, who is …

Sanction to prosecute govt servants should come quicker, says Bombay High Court
7 years, 8 months ago

Sanction to prosecute govt servants should come quicker, says Bombay High Court

Firstpost  

The Bombay High Court on Monday asked the Maharashtra government to review the rule that gives it up to nine months to decide on granting sanction to prosecute a public servant and make the period shorter. Mumbai: The Bombay High Court on Monday asked the Maharashtra government to review the rule that gives it up to nine months to decide …

All You Need To Know About Prosecution Sanction [Part-III]
7 years, 8 months ago

All You Need To Know About Prosecution Sanction [Part-III]

Live Law  

NO SANCTION REQUIRED WHERE PUBLIC SERVANT IS HOLDING AN OFFICE OTHER THAN THE PARTICULAR OFFICE HE HAD ABUSED No sanction is required in case of abuse of a particular office and the accused public servant is not continuing in that office or is holding an altogether different office 2 SCC 183 = AIR 1984 SC 684 - 5 Judges; Habibulla …

All You Need To Know About Prosecution Sanction [Part-II]
7 years, 9 months ago

All You Need To Know About Prosecution Sanction [Part-II]

Live Law  

E SECTION 197 Cr.P.C DISSECTED AND DISMANTLED Prosecution sanction either by the Central Government or by the State Government under Section 197 Cr.P.C is a condition precedent for taking cognizance of an offence by a criminal court against a Judge, Magistrate or public servant only if – 1he is removable from his office eitheri)by the Government,ORii) with. E SECTION 197 …

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]
8 years, 2 months ago

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]

Live Law  

The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]
8 years, 10 months ago

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]

Live Law  

In a significant judgment, the Supreme Court in Devinder Singh & Ors vs. State of Punjab through CBI, has summarized the principles governing requirement of sanction to prosecute Government servants and held that the offence committed by the Government servants must be directly and reasonably connected with official duty to require sanction. There cannot be a universal rule to determine …

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]
8 years, 10 months ago

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]

Live Law  

In a significant judgment, the Supreme Court in Devinder Singh & Ors vs. State of Punjab through CBI, has summarized the principles governing requirement of sanction to prosecute Government servants and held that the offence committed by the Government servants must be directly and reasonably connected with official duty to require sanction. There cannot be a universal rule to determine …

A Judicial officer cannot be penalized for passing erroneous orders: Kerala HC [Read Judgment]
9 years, 1 month ago

A Judicial officer cannot be penalized for passing erroneous orders: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has ruled in P. Sujanapal v State of Kerala & others that except in exceptional circumstances, a judicial officer is protected from legal action of whatever nature for wrong orders rendered by him.A private complaint was filed against the writ petitioner alleging offences punishable under Ss.466, 469, 471 and 500 IPC before the Chief. The Kerala …

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC
9 years, 1 month ago

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

Live Law  

https://twitter.com/pbhushan1/status/694150040869154817Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,. https://twitter.com/pbhushan1/status/694150040869154817 Kerala High Court in Maneesh E. Vs State …

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could …

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could …

Mechanical rejection of applications by PSC undesirable - Courts can interfere if injustice is meted out to candidate : Kerala HC [Read Jt]
9 years, 7 months ago

Mechanical rejection of applications by PSC undesirable - Courts can interfere if injustice is meted out to candidate : Kerala HC [Read Jt]

Live Law  

In a recent judgment in a Writ appeal, Kerala Public Service Commission vs Roshini K.S, Kerala High Court has held that mechanical rejection of applications by Public service commission is undesirable and the courts can interfere if justice is meted out to candidate. The court held that “whether an infraction of a condition in the In a recent judgment in …

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC
9 years, 7 months ago

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC

Live Law  

A Supreme Court Bench comprising Justice T.S. Thakur and Justice Amitava Roy, in a recent decision in the case of Nanjappa v. State of Karnataka has held that a Trial of Public Servant with Invalid Sanction is Null and void and Non-est. In such cases, second Trial is permissible with Valid Sanction.The Court was hearing an Appeal filed against a …

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]
10 years, 3 months ago

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]

Live Law  

The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code.In the …

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]
10 years, 3 months ago

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]

Live Law  

The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code.In the …

Government sanction is mandatory to investigate a public servant, rules SC
11 years, 5 months ago

Government sanction is mandatory to investigate a public servant, rules SC

Live Law  

In a judgment having far reaching consequences, the Supreme Court held that a Magistrate cannot order investigation against a public servant in a corruption complaint if there is no sanction given by the government. A bench of Justices K S Radhakrishnan and A K Sikri said, "Once it is noticed that there was no previous sanction, the Magistrate cannot order …

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