ANIL KUMAR & ORS. versus M. K. AIYAPPA & ANR.

A Magistrate/Special Judge cannot refer a private complaint for investigation under s.156(3) CrPC against a public servant without a valid previous sanction under s.19 of the Prevention of Corruption Act, 1988, and such sanction is a mandatory requirement even at the pre-cognizance stage.

Source-derived case information.

Parties: Appellant: Anil Kumar & Ors.; Respondent: M. K. Aiyappa & Anr.
Jurisdiction: India
Judgment Date: 01 October 2013
Procedural Posture: Criminal Appeal / Supreme Court Judgment
Outcome: Appeals dismissed
Legal Topics: Sanction for Prosecution of Public Servants, Powers of Magistrate Under S.156(3) Cr PC, Prevention of Corruption Act Application

Criminal Law Anti Corruption Sanction for Prosecution of Public Servants Powers of Magistrate Under S.156(3) Cr PC Prevention of Corruption Act Application

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2

Parties

Anil Kumar & Ors.

Appellant

M. K. Aiyappa & Anr.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

1 Whether Special Judge/Magistrate can refer a private complaint under s.200 CrPC for investigation under s.156(3) CrPC against a public servant without previous sanction under s.19 of the Prevention of Corruption Act, 1988

Ratio Decidendi

Court Disposition

Appeals dismissed

Orders

No error found in the High Court's order; Special Judge's order and complaint quashed.

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