VidhiSangh

Supreme Court of India · 27/03/2018

MANJU SURANA versus SUNIL ARORA & ORS.

[2018] 3 S.C.R. 696 · 2018 INSC 278

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court referred to a larger Bench the conflicting-authority question whether prior sanction is needed before a Magistrate directs investigation under section 156(3) CrPC into alleged corruption by a public servant. It did not answer that question or overrule the conflicting decisions. Separately, it deleted Sunil Arora from the proceedings and complaint because the allegations concerned offices he had not held and the material did not establish the attributed role. Later inclusion remained open if lawfully ordered investigation disclosed material against him.

Issues

  1. Whether prior sanction was necessary for a section 156(3) investigation direction in a public-servant corruption complaint.
  2. Whether Sunil Arora should remain arrayed despite the mismatch between the alleged offices and his actual role.

Provisions considered

Held

Result

Main and connected sanction questions referred to a larger Bench. First respondent deleted from proceedings and complaint, without prejudice to later inclusion on material emerging in lawful investigation; deletion application allowed without costs.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 696.