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31. Further placing reliance on the decision reported in III 2012 CCR 376 (SC) SUBRAMANIAN SWAMY vs. A.RAJA, the learned counsel for the petitioner submitted that a wrong judgment or an inaccurate or incorrect approach or poor management by itself, even after due deliberations cannot be said to be a product of criminal conspiracy.

32. Further placing reliance on the decision of the Hon'ble Supreme Court reported in AIR 1980 SC PAGE 1382 STATE (DELHI ADMINISTRATION) vs. V.C.SHUKLA & Another, the learned counsel for the petitioner submitted that to prove conspiracy, there must be direct or circumstantial evidence to show that there was an agreement between two or more persons to commit an offence. This clearly envisages that there must be a meeting of minds resulting in an ultimate decision taken by the conspirators regarding the commission of an offence.

39. Further placing reliance on the decision of the Hon'ble Supreme Court reported in 2012 AIR SCW page 1249 Dr.SUBRAMANIAN SWAMY vs. Dr.MANMOHAN SINGH & Another, the learned counsel for the petitioner submitted that section 197 of the Code and section 19 of the Act operate in conceptually different fields. Without prior sanction, the complaint cannot be taken notice of.

40. Further placing reliance on the decision of the Hon'ble Supreme Court reported in 1996 SCC (Cri) page 128 R.BALAKRISHNA PILLAI vs. STATE OF KERALA & Another, the learned counsel for the petitioner submitted that the act alleged is directly and reasonably connected with the official duty and therefore, attracts the protection of section 197. Sanction for prosecution of a public servant is necessary even if the public servant sought to be prosecuted has ceased to be a public servant on the date of taking cognizance of the offence.

89. In Dr.Subramanian Swamy Vs. Dr. Manmohan Singh and another reported in 2012 AIR SCW page 1249, it has been held without sanction the Court is precluded from entertaining the complaint or taking notice of it.

90. In R. Balakrishna Pillai Vs. State of Kerala and another reported in 1996 SCC (Cri) page 128, the Hon'ble Supreme Court has held that a Minister for Electricity entering into a criminal conspiracy with the co-accused and illegally selling electricity to an industry, the act alleged is directly and reasonably connected with the official duty as a Minister and therefore, attracts the protection of Section 197(1). Further, it is held sanction is required under Section 197 of Cr.P.C. even if the public servant has ceased to be a public servant on the date of taking cognizance of the offence.