Legal Question in Criminal Law in India

Sanction u/s 19 of PC act was denied subsequent to filing of chargesheet by CBI u/s 13 (2) and 13 (1) (d) of PC Act along with u/s 120B, 418 and 420 of IPC. CBI sought review of denial of sanction from CVC. After a tripartite meeting between CVC, CBI and Competent Authority where CBI gave rebuttal on sanction, CVC while agreeing with Competent Authority, has stated that "malafide doe not seem apparent" in the case has not recommended prosecution but has recommended Regular Departmental Action (RDA). Competent Authority has included CBI's rebuttal as charges in RDA. The accused was exonerated from all charges in RDA. Prior to this while seeking discharge from Sessions Court, accused insisted on producing sanction from Competent Authority to know the base on which sanction was denied in order to get discharge. However, without insisting on prosecution to produce the copy of denial of sanction, the court rejected discharge application. On filing of writ petition by Accused and providing copy of denial of sanction obtained through RTI, the High Court granted stay on charges under PC Act., however, Final Hearing is still awaited. There are no separate charges under PC Act and IPC and in this situation accused seeks guidance from respected members as to what action is required to be taken by accused and has also requested to provide Judgements for defending the case so that High Court discharges him from the case.

1 Answer from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in India

Looking for something else?