VOID Prosecution sanction in PC Act – material not placed before authority

[vinod kumar Namdeo]

Respected Sir,
The following is the issue pertaining to grant of Prosecution sanction for alleged crime under section 7 and 13 (1) (d)
1.(a) The Investigating agency has not mentioned the list of documents,statement of witnesses, other evidences which were sent to the Sanctioning authority
in the Final Investigation Report filed in the court under section 173 of Crpc.
(b) The Prosecution sanction order also does not mention the list of documents ,statement of witnesses and other evidences which were taken into consideration while according the sanction .
Thus, it is not known based on which documents,statement of witnesses and other evidences the sanctioning authority has granted the prosecution sanction.
In the above situation ,is the sanction order liable to be rendered void prime-facie.
2. As per crpc, as soon as the investigation is completed by Police the same should be filed in the Court.In the cases pertaining to PC Act, is it mandatory for the Investigating agency to wait for the Prosecution sanction order before filing the report in the court.Can the Investigating Agency first file the Investigation report and later on submit the sanction order before cognizance.(This will avoid manipulation by Investigating Agency)
3. After the grant of prosecution sanction can the Investigation agency delay the filing of the Chargesheet for more than six months without assigning any reason.

Kindly give your valuable legal advice which may help the accused.

with regards

[Dr. Ashok Dhamija]

It is not possible for me to comment on the facts of an individual case in the absence of knowing full details of the case. But, generally speaking, it is true that for a valid sanction under Prevention of Corruption Act, it is required on the part of the prosecution to establish and satisfy the court that the entire relevant facts had been placed before sanctioning authority and that the authority had applied its mind and had granted sanction in accordance with law. Consideration of the entire material including documents collected during course of investigation, statements recorded under Section 161 of Cr.P.C., is necessary for a valid sanction.

Usually, the I.O. will wait for the sanction for prosecution being granted before filing the charge sheet. This is so because if the sanction is not granted, then the charge sheet may not have much meaning if it had already been filed. However, sometimes, the I.O.’s file the charge sheet in anticipation of the sanction; but, in such cases, the court cannot take cognizance of the offence under the Prevention of Corruption Act until the sanction is produced even if charge sheet had been filed.

What is expected of the I.O. is to file the charge sheet as soon as possible, after completion of the investigation, without unnecessary delay. It is not possible for me to comment, in an individual case, whether the delay of 6 months was justified. Please consult some local lawyer for a proper guidance on the detailed facts of your case who can properly guide you after studying the detailed facts of your case in detail.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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