Supreme Court: Prosecution of accused for an offence under IPC can continue even if sanction for prosecution under Prevention of Corruption Act is not forthcoming

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.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 2787/2020

SATYABRAT GUPTA Vs THE STATE OF JHARKHAND 

Dated : 29-07-2020 

CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR

HON'BLE MR. JUSTICE DINESH MAHESHWARI

HON'BLE MR. JUSTICE SANJIV KHANNA

UPON hearing the counsel the Court made the following

O R D E R

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 Special Leave Petition is dismissed accordingly.

Pending applications, if any, stand disposed of.

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