Quashment of FIR/Charge-sheet in Light of Exoneration in Departmental Proceedings: Settled or Unsettled Law
by Shruti Awasthi† and Arpit Singh††
Prevention of Corruption Act
2022 SCC Vol. 9 Part 4
Criminal Procedure Code, 1973 — Ss. 451 and 457: In this case, civil suit was pending between financier of vehicle
‘Delays in prosecuting the corrupt breeds a culture of impunity’; Sanction requests under PC Act must be decided within 4 months but proceedings cannot be quashed for delay: SC
The consistent effort made by all branches of the State, the Judiciary, the Legislative, and the Executive, to ensure early decision-making by the competent authority cannot be watered down by lexical interpretation of the expression endeavour in the proviso.
‘S.I.R cannot be generated at the drop of a hat’; Karnataka High Court quashes corruption proceedings initiated by ACB under Prevention of Corruption Act, 1988
Karnataka High Court: M Nagaprasanna, J. quashed the proceedings initiated against a public servant working as an Executive Engineer in
MP HC | Government official alleged for corruption charges denied bail
Madhya Pradesh High Court: Anand Pathak, J. dismissed an application for bail which was filed by the applicant, who had been arrested
Power of Revision vis a vis Stage of Framing of charges; Strong suspicion at the initial stage is sufficient for the court to proceed with framing of charges
Rajasthan High Court: Pushpendra Singh Bhati, J., refused to interfere with the impugned order due to lack of any legal infirmity. The
MP HC | When can the issue relating to absence of sanction or the order of sanction being a nullity, be raised? Court discusses
Madhya Pradesh High Court: The Division Bench of Prakash Shrivastava and Arun Kumar Sharma, JJ., dismissed a petition in which the issue
Bom HC | Mere recovery of tainted money without sufficient evidence to prove payment of bribe or to show voluntary receipt of money. Can accused be convicted under Prevention of Corruption Act? Read on
Bombay High Court: K.R. Shriram, J., while explaining the concept of bribe under the Prevention of Corruption Act, 1988, upheld the decision
“Already dismissed from service on being convicted”; Supreme Court reduced quantum of sentence of 70 years old appellant, convicted under Prevention of Corruption Act
Supreme Court: In a case relating to Prevention of Corruption Act, the 3-judge bench of Ashok Bhushan, R. Subhash Reddy and M.R.
Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law
Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of
Kar HC | Material placed on record sufficiently prove offences under Ss. 120-B and 420 IPC and no infirmity warranting interference under Art. 226 noted; Petition dismissed
Karnataka High Court: John Michael Cunha J., while rejecting the present petition, recorded no error or infirmity in the challenged order warranting
Unless extended for “good reason”, stay by ‘any court’ automatically expires within a period of six months; SC reminds
Supreme Court: Clarifying the legal position on expiry of stay, the 3-judge bench of RF Nariman, Navin Sinha and KM Joseph, JJ
Jhar HC | Exoneration from departmental proceedings has nothing to do with criminal proceedings in the Court if the allegations levelled are different
Jharkhand High Court: Anubha Rawat Choudhary, J., dismissed the criminal petition seeking exoneration from criminal proceedings. In the present case, the petitioner
Pat HC | No cognizable offence disclosed in FIR though the apparent allegation of embezzlement of money held to be a legitimate ground for proceeding trial
Patna High Court: Birendra Kumar, J. dismissed a criminal miscellaneous application filed by the petitioner challenging the order of cognizance passed against
PMLA | Investigating Authority cannot attach the property indefinitely in the name of investigation
Appellate Tribunal, Prevention of Money Laundering Act (New Delhi): A Coram of Manmohan Singh (Chairman), J. and G.C. Mishra (Member) allowed an
Bom HC | Intention to aid the commission of offence under PC Act is essential for conviction under S.12 thereof
Bombay High Court: B.P. Dharmadhikari, J. allowed a criminal appeal and acquitted the appellant who was convicted and sentenced by the trial court
Pat HC | Prevention of Corruption Act: Complaint against public servant requires prior sanction of the Competent Authority
Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed criminal proceedings filed under the Prevention of Corruption Act, 1988 against a
Anti-Graft Bill giving right to punish bribe givers passed by Rajya Sabha
The Rajya Sabha on Thursday passed the Prevention of Corruption (Amendment) Bill, 2013 by a voice vote, that seeks to punish bribe