S.19 Prevention Of Corruption Act | ‘Failure Of Justice’ Is A Facile Expression, Courts Must Be Circumspect While Determining It
Case: Devender Gupta V. CBI
Coram: Justice Chandra Dhari Singh
Case No.: CRL.M.C. 5049/2014
Court Observation: “The criminal Court, particularly the superior Court, should make a close examination to ascertain whether there was really a failure of justice or it is only a camouflage.”
“The object behind the requirement of grant of sanction to prosecute a public servant need not detain the Court to proceed against an officer, save and except to reiterate that the provisions in this regard, either under the Cr.P.C. or the PC Act, are designed as a check on frivolous, mischievous and unscrupulous attempts to prosecute an honest public servant for acts arising out of due discharge of his duty and also to enable him to efficiently perform the wide range of duties casted upon him by virtue of his office,”
“If such connection exists and the discharge or exercise of the governmental function is prima facie founded on the bona fide judgment of the public servant, the requirement of sanction will be insisted upon so as to act as a filter to keep at bay any motivated, ill-founded and frivolous prosecution against the public servant,”
“The expression “failure of justice” would appear, sometimes, as an etymological chameleon as has been observed by Lord Diplock in Town Investments Ltd. v. Deptt of Environment, (1977) 1 All ER 813. The criminal Court, particularly the superior Court, should make a close examination to ascertain whether there was really a failure of justice or it is only a camouflage,”
“Having perused the aforesaid relevant part of the impugned order under challenge as well as the provisions and law discussed in foregoing paragraphs, I do not find any illegality or error in the impugned order. I do not find any cogent reason for invoking of the extraordinary jurisdiction under Section 482 of the Cr.P.C. for the purpose of quashing the entire criminal proceedings against the petitioner,”
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Keywords
S.19 Prevention Of Corruption Act,
