Court, suo motu impleading the Secretary to the Government, Home Department, directed the authority to apply its mind to materials made available by the investigating agency and take a decision on obtaining sanction within three months. Petition allowed.
3rd petitioner directed to take a decision within 3 months from receipt of copy of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.P.No.15663 of 2024 in Crl.O.P.No.15953 of 2023
Crl.M.P.No.15663 of 2024 in Crl.O.P.No.15953 of 2023
N.SESHASAYEE, J.
This Court vide its order dated 29.08.2024 in Crl.M.P.No.11889 of 2024 in
Crl.O.P.No.15953 of 2023 has directed the investigating agency to complete the investigation and file its final report on or before 15.09.2023. Now, it is more than a year since the time stipulated by this Court, and at this juncture the
present petition is filed by the investigating agency seeking extension of time.
2.Heard both the learned prosecutor as well as the respondent, who is arrayed as an accused in this case by the petitioner. The learned prosecutor submits that the investigation in this case has been completed and the matter is now pending with the Home Ministry for obtaining sanction U/s.19 of the Prevention of Corruption Act, 1988.
3.The learned counsel for the respondent / accused / petitioner in Crl.O.P.No.15953 of 2023 submits that this has been the state of affairs for
more than a year and the Home Ministry is yet to apply its mind U/s.19 of the Prevention of Corruption Act, 1988.
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Crl.M.P.No.15663 of 2024 in Crl.O.P.No.15953 of 2023
N.SESHASAYEE, J.
kas
4.The learned prosecutor, however, interjected to make a statement that the matter was not pending before the Home Ministry for a year as has been stated by the learned counsel for the respondent, but only from 25.10.2024. Till such time, the prosecution has been obtaining time for completing the investigation from time to time from this Court.
7.This petition stands allowed accordingly.
11.11.2024
kas
Crl.M.P.No.15663 of 2024 in Crl.O.P.No.15953 of 2023
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1 issue framed by the court
Whether time should be granted for obtaining sanction u/s 19 of the Prevention of Corruption Act, 1988?
1 provisions across 1 enactments
Investigating Agency
Respondent
Secretary to the Government, Home Department
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
