VidhiSangh

Supreme Court of India · 15/06/2023

A. SRINIVASULU versus THE STATE REP. BY THE INSPECTOR OF POLICE

[2023] 10 S.C.R. 11 · 2023 INSC 971

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Summary

The Court acquitted the three surviving appellants in the BHEL desalination-contract prosecution. Previous sanction was required for prosecuting the retired executive director under the IPC, and the evidence independently failed to establish the alleged offences. The challenge to the procedure for examining the approver was rejected.

Issues

  1. Whether previous sanction was required for prosecuting the executive director for acts connected with the tender decision.
  2. Whether failure to examine the approver before a Magistrate invalidated the proceedings when the Special Judge took cognizance directly.
  3. Whether the approver, financial records and handwriting evidence established the offences against each surviving appellant.

Provisions considered

Held

Result

All three appeals allowed; convictions and sentences set aside. Appellants acquitted of all charges and bail bonds, if any, discharged.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 11.