Srinivasan vs. State Rep. By The Inspector Of Police
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble Surya Kant
Stage:
FRESH (FOR ADMISSION) - CRIMINAL CASES
Remarks:
Disposed off
Listed On:
22 Apr 2022
In:
Judge
Category:
UNKNOWN
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Order Text
ITEM NO.19 COURT NO.4 SECTION II-C
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.) Nos.3367-3368/2022
(Arising out of impugned final judgment and order dated 16-03-2020 in CRLOP(MD) No. 1999/2020 and CRLMP(MD) No. 996/2020 passed by the High Court of Judicature at Madras at Madurai)
SRINIVASAN Petitioner(s)
VERSUS
STATE REP. BY THE INSPECTOR OF POLICE Respondent(s)
(FOR ADMISSION and I.R.)
Date : 22-04-2022 These petitions were called on for hearing today.
CORAM :
Reason:
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT
| For Petitioner(s) | Mr. K.V. Viswanathan, Sr. Adv. |
|---|---|
| Mr. Suvendu Suvasis Dash, Adv. | |
| Ms. Swati Vaibhav, Adv. | |
| Mr. Sachin S., Adv. | |
| Mr. Amartya A. Sharan, Adv. | |
| for M/S. Vaibhav & Dash Law Associates, AOR |
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
1 Mr K V Viswanathan, senior counsel appearing on behalf of the petitioner, submits that while the High Court has quashed the charges which were framed under Section 13(2) and 13(1)(d) of the Prevention of Corruption Act 1988 (for want of sanction under Section 19), the prosecution has been allowed to proceed in respect of the charges which have been framed under Section 120B read with Sections 420, 408, 477A, 471 and 201 of the Indian Penal Code 1860. Digitally signed by Sanjay Kumar Date: 2022.04.22 14:59:00 IST Signature Not Verified
- 2 Since the submission is that the High Court has not considered the issue of sanction under Section 197 of the Code of Criminal Procedure 1973, all that needs to be clarified is that it would be open to the petitioner to raise the defence before the trial court which may be considered in accordance with law.
- 3 Subject to the aforesaid clarification, the Special Leave Petitions are disposed of.
- 4 Pending application, if any, stands disposed of.
AR-CUM-PS COURT MASTER
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)