Quashing of Criminal Case – Prevention of Corruption Act & IPC – Sanction to prosecute After Retirement
Quashing of Criminal Case under Prevention of Corruption Act & the Indian Penal Code – Sanction to prosecute
In 2000 the crime was registered for offences under the Prevention of Corruption Act and the IPC against the applicant – accused. He retired on 30.4.2003.
On 18.1.2005, the charge sheet was filed with the note that sanction of the competent authority is awaited.
On 27.7.2007, the applicant filed application for quashing the charge sheet on the ground that sanction was not granted. Secondly, he was exonerated in the departmental enquiry for the very same charges.
Judgment dated 17.2.2026 of the High Court of Bombay, Bench at Aurangabad, in Criminal Revision Application No.53 of 2008 of Shamant Dattatraya Thombre Vs. State of Maharashtra and Another
sanction to prosecute a public servant for offences under the Prevention of Corruption Act is not required if the public servant has already retired on the date when cognizance is taken by the Court.
In the present case as the Applicant had retired from service on 30.04.2003 and the charge-sheet was filed thereafter in 2005, it cannot be said that the Applicant was a public servant on the date of filing of the charge-sheet in Court, and as such, the sanction contemplated under Section 19 of the Prevention of Corruption Act was not necessary
