THE STATE OF PUNJAB versus HARI KESH

THE STATE OF PUNJAB versus HARI KESH

The High Court erred in quashing the Sanction Order and setting aside the consequent proceedings after the trial had commenced because it did not record any opinion that a failure of justice had in fact been occasioned by any error or irregularity in the sanction; competency to grant sanction is an evidentiary matter for trial, and therefore the High Court's order was set aside and proceedings restored.

Parties
Appellant: State of Punjab; Respondent Accused: Hari Kesh
Jurisdiction
India
Judgment Date
07 January 2025
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Quashing Sanction Order; Trial Had Commenced and Prosecution Had Examined Seven Witnesses
Outcome
Appeal allowed; impugned High Court order set aside and criminal proceedings restored to trial court
Legal Topics
Sanction Under Prevention of Corruption Act, 1988, Section 19(3) and 19(4) of the Prevention of Corruption Act, Competency to Grant Sanction, Quashing of Proceedings After Trial Commencement
Criminal Law Prevention of Corruption Act Matters Sanction Under Prevention of Corruption Act, 1988 Section 19(3) and 19(4) of the Prevention of Corruption Act Competency to Grant Sanction Quashing of Proceedings After Trial Commencement

Case Brief

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Parties

State of Punjab

Appellant

Hari Kesh

Respondent Accused

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Quashing Sanction Order; Trial Had Commenced and Prosecution Had Examined Seven Witnesses

Legal Issues

  1. 1 Whether the High Court was justified in quashing the Sanction Order and setting aside the proceedings after the trial had commenced and prosecution had examined witnesses
  2. 2 Whether the Sanction Order was granted by a competent authority or not and whether competency is a matter to be decided at trial

Ratio Decidendi

The High Court erred in quashing the Sanction Order and setting aside the consequent proceedings after the trial had commenced because it did not record any opinion that a failure of justice had in fact been occasioned by any error or irregularity in the sanction; competency to grant sanction is an evidentiary matter for trial, and therefore the High Court's order was set aside and proceedings restored.

Court Disposition

Appeal allowed; impugned High Court order set aside and criminal proceedings restored to trial court

Orders

  • Impugned judgment and order dated 20.05.2019 of the High Court of Punjab & Haryana at Chandigarh set aside.
  • Proceedings arising out of the case being PC-15/2018 are restored on file before the Special Court-Sangrur and shall proceed further from the stage at which the proceedings were stopped, in accordance with law.