DHARMESH @ NANU NITINBHAI SHAH versus STATE OF GUJARAT

DHARMESH @ NANU NITINBHAI SHAH versus STATE OF GUJARAT

Supreme Court refused to interfere under Article 136 as petitioner failed to raise objection regarding sanction at the earliest and such interference would only delay trial with no substantive advantage.

Parties
Petitioner: Dharmesh @ Nanu Nitinbhai Shah; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
01 August 2002
Procedural Posture
Special Leave Petition (criminal) / Appeal From Dismissal of Revision Application by Gujarat High Court
Outcome
Petition dismissed
Legal Topics
Sanction for Prosecution, Committal Proceedings, Article 136 Jurisdiction
Criminal Law Constitutional Law Sanction for Prosecution Committal Proceedings Article 136 Jurisdiction

Case Brief

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Parties

Dharmesh @ Nanu Nitinbhai Shah

Petitioner

State of Gujarat

Respondent

Procedural Posture

Special Leave Petition (criminal) / Appeal From Dismissal of Revision Application by Gujarat High Court

Legal Issues

  1. 1 Whether proceedings are vitiated for want of sanction under Section 196 Cr.P.C. at the committal stage
  2. 2 Whether the sanction order must be produced before the Magistrate or the Sessions Court

Ratio Decidendi

Supreme Court refused to interfere under Article 136 as petitioner failed to raise objection regarding sanction at the earliest and such interference would only delay trial with no substantive advantage.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed; no interference under Article 136