At, Supreme Court of India
By, THE HONORABLE JUSTICE: A.M. KHANWILKAR
By, THE HONORABLE JUSTICE: DINESH MAHESHWARI AND THE HONORABLE JUSTICE : SANJIV KHANNA
Heard learned counsel for the petitioner.
We decline to deviate from the view taken by the High Court that the charge against the petitioner for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act, 1988 is not forthcoming. To that extent, we find no infirmity in the conclusion reached by the High Court.
Our understanding of the impugned judgment is that the High Court has made it clear that if sanction to prosecute the petitioner for offence punishable under Prevention of Corruption Act, 1988 is not or has not been granted, the question of proceeding against the petitioner for that charge does not arise. This aspect be borne in mind by the Trial Court while proceeding with the trial against the petitioner. In light of above, no further indulgence is warranted. The Specia
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l Leave Petition is dismissed accordingly. Pending applications, if any, stand disposed of.