Constitution of India – Art. 226 – Code of Criminal Procedure, 1973 – s.311 – Power and jurisdiction of the High Court – Writ Petition sought quashing of the sanction for prosecution granted by the Competent Authority under the 1988 Act against the first respondent – High Court while dismissing the petition, issued certain directions that trial court while trying a case under the Prevention of Corruption Act to examine the sanctioning authority exercising powers u/s.311 before framing charge, even if there is no challenge to the same by the accused – First respondent acquitted of the charges for committing the offences u/ss.7, 13(1)(d) and 13(2) of the PC Act and, thus, the issue regarding validity of the sanction become infructuous – Directions and guidelines issued by the High Court, if would create difficulties in perpetuity affecting all criminal trials:
Held: High Court in exercise of its jurisdiction u/Art.226 cannot re-write the CrPC and direct all the Sessions Courts/Special Courts under the PC Act to examine the sanctioning authority even before framing of charge or commencement of trial – Stage of s.311 CrPC occurs under Chapter XXIV regarding general provisions as to inquiries and trials and these provisions cannot be read into a step in conduct of trial so as to clothe a criminal court with jurisdiction to bye-pass the procedure provided for conduct of trial and evolve a new procedure and methodology for conducting trial by examining the sanctioning authority even before framing of charge – There is no such procedure provided in the CrPC where such step can be made permissible – New stage for trial cannot be introduced by a judicial fiat – Trial in a criminal case including in offences under the PC Act has to be conducted in the manner provided for in the Cr.PC/Bharatiya Nagarik Suraksha Sanhita read with the provisions contained in the PC Act – Guidelines and directions issued by the High Court in the impugned order set aside – Prevention of Corruption Act, 1988 – ss.7, 13(1)(d) and 13(2). [Paras 7-10]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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