Prevention of corruption act

Nihit (Querist) 25 January 2015 This query is : Resolved
Dear Sir/Ma'am

One of my relative has been implicated in a corruption case under PCA.
During the early stage of trial it has emerged that sanction for prosecution was given by incompetenet authority.Our lawyer is of the opinion that we should file application for quashing the case on ground of invalid sanction order.
But a friend suggested that it may not be a good idea as fresh sanction will be obtained by CBI sooner or later.

We are facing a dilemma whether to go for quashing petition or not.Please advise (assuming the court accepts petition).

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Advocate M.Bhadra (Expert) 25 January 2015
Quashing has no merit ,Delhi High Court in this case did not quash:
Delhi High Court
Jiwan Ram Gupta vs State Thr. Cbi on 8 February, 2012
Author: Mukta Gupta
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ Crl. M.C. No. 2183/2011

% Reserved on: 18th January, 2012
Decided on: 8th February, 2012

JIWAN RAM GUPTA ..... Petitioner
Through: Mr. Rajinder Mathur, Mr. Ajeet
Kumar, Advs.
versus

STATE THR. CBI ..... Respondents

" Keeping in view the aforementioned principles and having regard to the facts and circumstances of this case, however, we are of the opinion that the interest of justice shall be subserved if while allowing these appeals and setting aside the judgments of the High Court, the trial court is requested to dispose of the matters at an early date preferably within six months from the date of communication of this order, subject, of course, to rendition of all cooperation of the respondents herein. In the event the trial is not completed within the aforementioned period it would be open to the respondents to approach the High Court again. These appeals are disposed of with the aforementioned directions. No costs."
In view of the law laid down by the Hon‟ble Supreme Court since in the present case the proceedings against the Petitioner terminated on account of the fact that the sanction against him was granted by an incompetent authority and the same have now been initiated without sanction as the Petitioner has retired, I find no merit in the petition. Further the pronouncement of the Supreme Court in P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578 holds that no period of limitation can be prescribed in which the trial of a criminal case must be closed mandatorily. Thus, I find no reason to quash the summoning order and the proceedings arising therefrom."

(MUKTA GUPTA) JUDGE FEBRUARY 08, 2012/'ga'

Devajyoti Barman (Expert) 25 January 2015
Yes, do not go for quashing Rather on completion of trial raise this issue as there would be too late for fresh sanctioning.

Guest (Expert) 25 January 2015
I endorse the views of Shri Devajyoti Barman. That is quite necessary to get the case decided on merits of the case, rather than on technical grounds.

Nihit (Querist) 25 January 2015
Thank you for responding,Sir.Please advise assuming the court accepts his petition.

Guest (Expert) 25 January 2015
You should not expect the experts to act as astrolgers to foretell you what will happen in future by assuming the court accepts his petition. No assumption in legal cases can be made. If you or your friend are so pertinent to file a petition, you were not required to ask for any advice from experts here.