Prevention of Corruption Act, 1988
Sections 13(1)(e), 13(2) & 19—Discharge of respondent—Dismissal of application by Special Judge reversed by High Court on the ground that sanction accorded to prosecute the respondent-accused by the Government was illegal and without jurisdiction—Appeal—Neither the respondent had pleaded nor the High Court opined whether any failure of justice had occasioned to the respondent, on account of error if any, occurred in granting the sanction by the authority—Such an interlocutory application seeking discharge in the midst of trial would also not be maintainable—Once the cognizance was taken by the Special Judge and charge was framed against the accused, the trial court neither have been stayed nor scuttled in the midst of it in view of Section 19(3) of the Prevention of Corruption Act—Though the issue of validity of sanction was raised at the earlier point of time, the same was not pressed for—Only stage open to the respondent-accused in that situation was to raise the said issue at the final arguments in the trial in accordance with law—Impugned order passed by the High Court is set aside—Appeal allowed.
[Paras 14 to 16]