MANJU SURANA versus SUNIL ARORA & ORS.

MANJU SURANA versus SUNIL ARORA & ORS.

Given the complex interplay between the Prevention of Corruption Act and Code of Criminal Procedure regarding when sanction is required for investigation or prosecution of public servants, and divergence in existing judgments, the issue is referred to a larger bench for authoritative determination. In the specific case, Respondent No.1 is to be struck off from the array of parties on account of having been wrongly impleaded without allegations of his role.

Parties
Appellant: Manju Surana; Respondent No.1: Sunil Arora; Respondents: Other Respondents (Superintending Engineer, Chief Engineer, ex Chief Minister, ex Minister of P.H.E.D., Finance Secretary, Deputy Accountant General, P.S.L. Company through its Managing Director)
Jurisdiction
India
Judgment Date
27 March 2018
Procedural Posture
Criminal Appeal / Reference to Larger Bench (on Appeal From Rajasthan High Court, Criminal Revision Petition No. 341 of 2014)
Outcome
Matter referred to a larger Bench for determination of the legal issue; Respondent No.1 struck off from array of parties; application for deletion allowed. Parties to bear their own costs.
Legal Topics
Prevention of Corruption Act—requirement of Previous Sanction, Interpretation of Section 156(3) Cr.p.c.—investigation Against Public Servants, Application of Mind by Magistrate Under Section 156(3), Cognizance and Sanction Provisions Under Chapter 12 & 14 of Cr.p.c.
Criminal Law Anti Corruption Law Criminal Procedure Prevention of Corruption Act—requirement of Previous Sanction Interpretation of Section 156(3) Cr.p.c.—investigation Against Public Servants Application of Mind by Magistrate Under Section 156(3) Cognizance and Sanction Provisions Under Chapter 12 & 14 of Cr.p.c.

Case Brief

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Parties

Manju Surana

Appellant

Sunil Arora

Respondent No.1

Other Respondents (Superintending Engineer, Chief Engineer, ex Chief Minister, ex Minister of P.H.E.D., Finance Secretary, Deputy Accountant General, P.S.L. Company through its Managing Director)

Respondents

Procedural Posture

Criminal Appeal / Reference to Larger Bench (on Appeal From Rajasthan High Court, Criminal Revision Petition No. 341 of 2014)

Legal Issues

  1. 1 Whether prior sanction under Section 19 of the Prevention of Corruption Act is required before setting in motion the investigative process under Section 156(3) Cr.P.C. against a public servant?
  2. 2 Does the exercise of power under Section 156(3) Cr.P.C. amount to 'taking cognizance', thereby requiring sanction before investigation can be ordered?
  3. 3 Can the requirement of sanction under Chapter 14 of the Cr.P.C. be imported into Chapter 12 at the stage of investigation?

Ratio Decidendi

Given the complex interplay between the Prevention of Corruption Act and Code of Criminal Procedure regarding when sanction is required for investigation or prosecution of public servants, and divergence in existing judgments, the issue is referred to a larger bench for authoritative determination. In the specific case, Respondent No.1 is to be struck off from the array of parties on account of having been wrongly impleaded without allegations of his role.

Court Disposition

Matter referred to a larger Bench for determination of the legal issue; Respondent No.1 struck off from array of parties; application for deletion allowed. Parties to bear their own costs.

Orders

  • Papers to be placed before Hon’ble Chief Justice of India for constitution of appropriate larger Bench.
  • Respondent No.1 to be removed from the array of parties in these proceedings and in the complaint, without prejudice to future findings if investigation reveals material against him.