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Showing contexts for: SUBRAMANIAN SWAMY in Shankara Bhat vs State Of Kerala on 27 August, 2021Matching Fragments
11. The question, whether the prosecution of a public servant charged with an offence under IPC for breach of trust needs sanction, was the subject matter of consideration in Punjab State Warehousing Corporation v. Bhushan Chander & another (AIR 2016 SC 3104). In State of Kerala v. V.Padmanabhan Nair (AIR 1999 SC 2405) the question was whether prosecution for charges under section 406 IPC read with section 120B of IPC requires sanction. It was held that prior sanction was not required for prosecution. The same position was reiterated in Dr.Subramanian Swamy v. Director CBI and another (AIR 2014 SC 2140). In Manju Surana v.Sunil Arora (2018 2 KLT 315) the question whether sanction for prosecution of the public servant within section 197 of Cr.P.C. on an allegation of corruption was required before setting in motion even the investigating process under section 156(3) of the Code of Criminal Procedure,1973 was referred to a larger Bench and is pending .