THE STATE OF PUNJAB versus PARTAP SINGH VERKA

THE STATE OF PUNJAB versus PARTAP SINGH VERKA

The respondent being a public servant, Section 19 of the P.C. Act requires prior sanction before a court can take cognizance of offences under Sections 7/11/13/15; therefore the trial court erred in summoning the respondent under Section 319 CrPC without the requisite sanction and the High Court correctly set aside...

Source-derived case information.

Parties
Appellant: State of Punjab; Respondent: Partap Singh Verka
Jurisdiction
India
Judgment Date
08 July 2024
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against High Court Judgment (final Judgment on Appeal)
Outcome
Appeal dismissed
Legal Topics
Previous Sanction Under Section 19 P.c. Act, Cognizance and Summoning Under Section 319 Cr PC, Summoning of Public Servant
Criminal Procedure Anti Corruption Law Previous Sanction Under Section 19 P.c. Act Cognizance and Summoning Under Section 319 Cr PC Summoning of Public Servant

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Parties

State of Punjab

Appellant

Partap Singh Verka

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against High Court Judgment (final Judgment on Appeal)

Legal Issues

  1. 1 Whether prior sanction under Section 19 of the Prevention of Corruption Act, 1988 is mandatory before a court takes cognizance of offences under Sections 7, 11, 13 and 15 of the P.C. Act when summoning a public servant under Section 319 CrPC.

Ratio Decidendi

The respondent being a public servant, Section 19 of the P.C. Act requires prior sanction before a court can take cognizance of offences under Sections 7/11/13/15; therefore the trial court erred in summoning the respondent under Section 319 CrPC without the requisite sanction and the High Court correctly set aside the trial court order; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order dated 02.08.2018 of the High Court of Punjab & Haryana upheld