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State Of Maharashtra, Through A.C.B., ... vs Baliram S/O Vithoba Bhute on 12 April, 2024 cites

C.B.I vs Ashok Kumar Aggarwal on 31 October, 2013

23. The Honourable Apex Court, in another decision, in the case of CBI vs. Ashok Kumar Agrawal7 has held that sanction lifts the bar for prosecution and, therefore, it is not an acrimonious exercise but a solemn and sacrosanct act which affords protection to the government servant against frivolous prosecution. There is an obligation on the sanctioning authority to discharge its duty to give or withhold sanction only after having full knowledge of the material facts of the case. The prosecution must send the entire relevant record to the sanctioning authority including the FIR, disclosure statements, statements of witnesses, recovery memos, draft charge sheet and all other relevant material. It has been further held by the Honourable Apex Court that the record so sent should also contain the material/document, if any, which may tilt the balance in favour of the accused and on the basis of which, the 7 2014 Cri.L.J.930 .....13/-
Supreme Court of India Cites 49 - Cited by 250 - B S Chauhan - Full Document
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