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1 - 10 of 29 (0.40 seconds)The Prevention of Corruption Act, 1988
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 197 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 19 in The Prevention of Corruption Act, 1988 [Entire Act]
Major M. C. Ashish Chinappa vs Central Bureau Of Investigation on 22 September, 2021
38. In the present case, the prosecution alleges
that the public servants entered into a criminal
conspiracy and committed criminal misconduct for which
no sanction under Section 197 is required. It is open for
the accused to raise the question of validity of sanction
during the trial and the trial Court is bound to consider
such a question at an appropriate stage. This view is
fortified by the decision of the Apex Court in Major
M.C.Ashish Chinnappa v. CBI [MANU/SCOR/32662/ 2021].
Section 120A in The Indian Penal Code, 1860 [Entire Act]
Parkash Singh Badal And Anr vs State Of Punjab And Ors on 6 December, 2006
45. The contentions involve mixed question of fact
and this court is of the view that the said contentions
cannot be considered at this stage of proceedings,
when the trial is yet to commence. This aspect was
considered by the Hon'ble Aprx Court in Prakash
Singh Badal and Another v. State of Punjab and
others (2007 (1) SCC (1)). It was held so
"there is a distinction between the absence
of sanction and the alleged invalidity on
account of non-application of mind. The
former question can be agitated at threshold
Crl.R.P.No.580 &777 of 2022
& O.P.(Crl) Nos.431 & 515 of 2022
..15..
Dir. Cbi vs Ashok Kumar Aswal on 18 March, 2015
38. The validity of a sanction order, if one
exists, has to be tested on the touchstone of
the prejudice to the accused which is
essentially a question of fact and, therefore,
should be left to be determined in the
course of the trial and not in the exercise of
jurisdiction either under section 482 of the
Code of Criminal Procedure, 1973 or in a
proceeding under Article 226/227 of the
Constitution of India (See Director, C.B.I v.
Ashok Kumar Aswal: (2015) 16 SCC 163).
Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr on 14 December, 2007
17. While considering the nature of evaluation to be
made by the Court at the stage of framing charge, the
Apex Court in Onkar Nath Mishra and others v. State
(NCT of Delhi) and another [(2008) 2 SCC 561] held
that at the stage of framing charge the court is required
Crl.R.P.No.580 &777 of 2022
& O.P.(Crl) Nos.431 & 515 of 2022
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