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Manju Surana v. Ratan Singh

Criminal Appeal · 2018 INSC 278Decided 27 Mar 2018
Criminal Appeal No. 457 of 2018
Justice J. Chelameswar · Justice Sanjay Kishan Kaul

Background

This is a referral order, not a final judgment. The question was whether prior sanction under the Prevention of Corruption Act is needed before a Magistrate can direct an investigation under Section 156(3) CrPC against a public servant.

Decision Breakdown

This is a referral order, not a final judgment. The Court found a divergence in its own decisions on the point and referred the question to a larger bench.

Lesson Learnt

There is no final ruling yet on whether sanction is needed at the stage of ordering an investigation.

Official source (sci.gov.in)View Judgment (PDF)

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