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.
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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