PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 (PC Act) was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC.The Court also reiterated that a sanction order cannot be quashed on the ground of incompetence of the authority to grant sanction unless it is found that failure of justice has occurred due to the irregularity in granting sanction.A bench comprising Justice Bela M Trivedi and Justice Prasanna B Varale set aside an order of the Punjab and Haryana High Court which quashed the sanction order and the trial proceedings in exercise of powers under Section 482 of the Code of Criminal Procedure.The State of Punjab challenged the decision pointing out that the High Court quashed the proceedings while the trial was underway. Reliance was placed on the judgment in State of Karnataka, Lokayukta Police Versus S. Subbegowda 2023 LiveLaw (SC) 595.The Court referred to Section 19 of the PC Act which hold that no finding of the Special Judge shall be reversed on the grounds of irregularity or error in the sanction, unless in the opinion of the Court, a failure of justice has in fact been occasioned thereby. The explanation to sub-section (4) further provides that for the purpose of Section 19, error includes “competency of the authority to grant sanction”.The Supreme Court also observed that the question of whether sanction was granted by the competent authority was a matter of evidence. The bench observed :"It is pertinent to note that whether the Sanction has been granted by the competent authority or not, would be a matter of evidence. Further, as per the Explanation to sub-section (4), for the purpose of Section 19, error includes “competency of the authority to grant Sanction.”"Further, as per the Explanation to sub-section (4), for the purpose of Section 19, error includes “competency of the authority to grant Sanction.” Therefore, in view of the settled legal position, the High Court should not have quashed the Sanction Order and the consequent proceedings, unless it was satisfied that the failure of justice had occurred by such error or irregularity or invalidity. There is not a whisper in the impugned order about any failure of justice having occurred on account of the impugned Sanction Order. The High Court also should not have entertained the petition for quashing the Sanction Order when the prosecution had already examined seven witnesses."Case : The State of Punjab v. Hari KeshCitation : 2025 LiveLaw (SC) 62Click here to read the judgment

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

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