VidhiSangh

Supreme Court of India · 08/08/2023

A. SREENIVASA REDDY versus RAKESH SHARMA AND ANR.

[2023] 12 S.C.R. 932 · 2023 INSC 682

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Summary

The Court declined to terminate IPC proceedings against an SBI officer after his discharge from corruption charges for want of valid sanction. Section 197 CrPC did not protect him because his removal did not require government sanction. The corruption-law sanction requirement operated separately and its failure did not automatically bar IPC prosecution. Whether the alleged procedural irregularities constituted IPC offences remained for trial.

Issues

  1. Whether the SBI officer qualified for protection under Section 197 CrPC.
  2. Whether absence of valid corruption-law sanction also barred the IPC prosecution.
  3. What remained open for determination at trial.

Provisions considered

Held

Result

Appeal dismissed; IPC prosecution permitted to continue despite discharge from PC Act offences for want of valid sanction. Merits of the alleged IPC offences remained for trial.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 932.