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TMI Blog2025 (4) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... tionate to known sources of income earned during check period 01.01.2001 to 31.08.2008, an investigation was conducted, which revealed that he had, in fact, acquired assets worth Rs. 26,88,057/- disproportionate to his income. An FIR bearing number 11/AC/2009/CC-III was registered under Sections 13(2) read with 13(1)(e) of the PC Act on 27.07.2009, and the State government granted sanction to prosecute the respondent on 08.07.2013. After investigation, the chargesheet was filed on 23.09.2013. 3. The respondent filed a discharge application under Section 239 of the Cr.P.C. before the Special Court, Chennai, which came to be dismissed vide order dated 27.01.2016. While deciding the discharge application, the Special Court considered the matter in detail and noted that the prosecution has, in fact, accepted the explanation regarding: (i) the valuation of the house owned by the respondent at Poona Nagar and revised the amount from Rs.17,19,541/- to Rs.10,48,861/- after leaving out the value of the first floor constructed after the check period; and (ii) value of the asset with respect to the loan of Rs.3,00,000/- obtained by the respondent's wife for the purchase of a car from Kotak M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt cannot make elaborate enquiry by sifting and weighing the materials to find out the case against the accused beyond reasonable doubt which has to be done only at the time of final hearing. From the documents produced by the prosecution, the prosecution has facie establishes that Investigation Officer has considered the explanation offered by the petitioner under Document No. 70 and the contention of the petitioner is that his wife had earned Rs.18,51,028/-during the relevant period as a Real Estate Broker and the gift of Rs. 7 lakhs was given to the petitioner's daughter by her Grandfather and whether the petitioner's daughter's grandfather had source of income to gift Rs. 7,80,000 /- are all can be considered only after full trial after appreciating the validity of the documents and statements of the petitioner. At this stage, the documents produced by the prosecution prima facie establishes there are materials for framing charges against the accused u/s 13(2) r/w 13 (1)(e) of Prevention of Corruption Act 1988. In view of the above discussions this petition is dismissed." 5. The respondent assailed the above findings and dismissal of the discharge application by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. 7. It is not in dispute that the Special Court, while dismissing the discharge application, as well as the High Court while dismissing the revision petition, arrived at clear findings that there was a prima facie case, and this conclusion was drawn after examining the allegations as they stand. The impugned order operates against the established law that while the bar under section 397(3) of the CrPC does not curtail the remedy under Section 482, it is trite that inherent powers must be exercised sparingly. This Court, in Krishnan v. Krishnaveni, (1997) 4 SCC 241 has held: "8. The object of Section 483 and the purpose behind conferring the revisional power under Section 397, read with Section 401, upon the High Court is to invest continuous supervisory jurisdiction so as to prevent miscarriage of justice or to correct irregularity of the procedure or to mete out justice. In addition, the inherent power of the High Court is preserved by Section 482. The power of the High Court, therefore, is very wide. However, the High Court must exercise such power sparingly and cautiously when the Sessions Judge has simultaneously exercised revisional power under Section 397(1).... 10. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the trial Judge...It would not be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with..." ( emphasis supplied ) 9. In the present case, the inherent power under Section 482 Cr.P.C. for quashing the criminal proceedings was invoked after the dismissal of the discharge application and the consequent revision petition. In State by Karnataka Lokayukta, Police Station, Bengaluru v. M.R. Hiremath, (2019) 7 SCC 515; also see the decision of this Court in State of T.N. v. R. Soundirarasu, (2023) 6 SCC 768 where this Court set aside the judgement of the High Court quashing the criminal proceedings clearing setting out the limits of interference with an order passed under Sections 239 and 240 Cr.P.C for discharge. this Court examined a similar situation where the High Court entertained a petition under Section 482 Cr.P.C. filed against the dismissal of a discharge petition. Set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that: i) the wife of the accused purchased the properties in the name of the daughter having power of attorney; ii) that there was no satisfactory evidence of Benami; iii) even if allowed to prosecute, the chances of conviction were bleak; or iv) the probability of conviction is low; and v) the statements of witnesses do not warrant prosecution. It is clear that the High Court jumped to the probable conclusion of trial by not appreciating the limited scope of Section 482 Cr.P.C. Instead of determining "whether or not there is sufficient ground for proceeding against the accused" based on the material, it asked the wrong question as to, "whether that would warrant a conviction" 10 In State of T.N. v. N. Suresh Rajan, (2014) 11 SCC 709, this Court held: "32.4...the court has not sifted the materials for the purpose of finding out whether or not there is sufficient ground for proceeding against the accused but whether that would warrant a conviction. We are of the opinion that this was not the stage where the court should have appraised the evidence and discharged the accused as if it was passing an order of acquittal. Further, defect in investigation itself cannot be a ground for dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cution on 08.07.2013 i.e., with anti-date. This serious defect or lacuna has not been explained by the prosecution. *** 39. Insofar as this Court is concerned the above narrated circumstances leave scope to suspect the order of sanction. This Court also is of view that the order of sanction might have been passed without application of mind, mechanically at the behest of higher officials. *** 43. On coming to the given case on hand, as a matter of fact, at no stage the grievance of the petitioner regarding delay in granting sanction has been disputed by the respondent State. Not only that, but no justification has even been put forward explaining the delay in prosecution. *** 45. It is also to be noted here that the delay in granting order of sanction itself is fatal to criminal investigation as well as to the trial. It gets worse if it can be attributed to lethargic and investigation lackadaisical manner of investigation. ( emphasis supplied ) 12. Learned counsel for the State submits that the conclusions drawn by the High Court about the impossibility of granting sanction on 08.07.2013 when the government received the request only on 20.12.2013, was not rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having been passed by an authority not authorised or competent to grant such sanction. The above grounds are only illustrative and not exhaustive. All such grounds of invalidity or illegality of sanction would fall in the same category like the ground of invalidity of sanction on account of non-application of mind-a category carved out by this Court in Parkash Singh Badal, (2007) 1 SCC 1 the challenge to which can always be raised in the course of trial." ( emphasis supplied ) 13. Similar view was taken in Director, Central Bureau of Investigation v. Ashok Kumar Aswal ( 2015 ) 16 SCC 163 , where it was held that : "15. All the above apart, time and again, this Court has laid down that the validity of a sanction order, if one exists, has to be tested on the touchstone of the prejudice to the accused which is essentially a question of fact and, therefore, should be left to be determined in the course of the trial and not in the exercise of jurisdiction either under Section 482 of the Code of Criminal Procedure, 1973 or in a proceeding under Articles 226/227 of the Constitution." ( emphasis supplied ) 14. Thus, there is no doubt that the High Court committed an error in qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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