Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness 304 Part I IPC | Sudden Fight Between Brothers Over Mud House Construction: Jharkhand High Court Converts Murder Conviction To Culpable Homicide When Rape Fails, Section 450 Cannot Stand: Orissa High Court Acquits Accused of House-Trespass After Finding Relationship Consensual Concurrent Eviction Orders Will Not Be Reopened Under Article 227: Madras High Court Section 128 Contract Act | Surety’s Liability Is Co-Extensive: Kerala High Court Upholds Recovery from Guarantors’ Salary Custodial Interrogation Not Warranted When Offences Are Not Punishable With Death or Life: Karnataka High Court Grants Anticipatory Bail to Deputy Tahsildar in Land Records Case Order VIII Rules 3 & 5 CPC | Silence Is Admission: State’s Failure To Specifically Deny Hiring Amounts To Acceptance: JK HC Consumer | No Complete Deficiency In Service — Excess Rainfall Also To Blame: Supreme Court Halves Compensation In Groundnut Seed Crop Failure Case Development Cannot Override The Master Plan: Supreme Court Nullifies Cement Unit CLU In Agricultural Zone Negative Viscera Report Is Not a Passport to Acquittal: Madras High Court Confirms Life Term of Parents for Poisoning Mentally Retarded Daughter Observations Have Had a Demoralising and Chilling Effect: Allahabad High Court Judge Recuses from Bail Matter After Supreme Court’s Strong Remarks Controversial YouTube Remarks On ‘Black Magic Village’ Not A Crime: Gauhati High Court Quashes FIR Against Abhishek Kar “Failure To Specifically Deny Allegations Amounts To Admission”: J&K High Court Reiterates Law Under Order VIII CPC Section 293 Cr.P.C. Does Not Bar Examination of Expert When DNA Report Is Disputed: MP High Court Medical Evidence Trumps False Alibi: Allahabad HC Upholds Conviction In Matrimonial Murder Where Strangulation Was Masked By Post-Mortem Burning Helping Young Advocates Is Not A Favour – It Is A Need For A Better Justice System: Rajasthan High Court Section 82 Cr.P.C. | Mere Non-Appearance Does Not Ipsi Facto Establish Absconding: Punjab & Haryana High Court Sets Aside Order Declaring Student Abroad as Proclaimed Person

High Court's Decision to Discharge Accused Overturned by Supreme Court: 'Interlocutory Application for Discharge Not Maintainable,' Says SC

07 May 2024 8:19 AM

By: Admin


On 03 August 2023 , the Supreme Court of India has reversed the High Court's judgment and order that discharged the accused in a high-profile corruption case. The case, titled *State of Karnataka Lokayukta Police vs. S. Subbegowda*, pertained to allegations of corruption against a former Executive Engineer of the Karnataka Urban Water Supply and Drainage Board.

The accused, S. Subbegowda, had filed multiple applications seeking discharge from the charges under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. The primary contention was that the sanction granted by the government to prosecute him was illegal and without jurisdiction.

The trial court had initially dismissed the accused's applications for discharge, and subsequently, the High Court allowed the accused's petition and discharged him from the offences charged. However, the Supreme Court held that the High Court's intervention was not warranted at that stage.

The apex court observed that once the cognizance was taken by the Special Judge and the charges were framed against the accused, any interlocutory application for discharge becomes not maintainable. The court emphasized that the accused should have raised the issue of validity of sanction at an earlier stage, preferably during the framing of charges or during the final stage of trial arguments.

Justice Bela M. Trivedi, in the judgment, highlighted the importance of the stage at which the accused should challenge the validity of sanction. The court noted, "The combined reading of sub-section (3) and (4) of Section 19 makes it clear that notwithstanding anything contained in the Code, no finding, sentence, or order passed by a Special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of, the absence of, or any error, omission, or irregularity in the sanction required under sub-section (1), unless in the opinion of the Court, a failure of justice has, in fact, been occasioned thereby."

The Supreme Court set aside the High Court's order and directed the trial court to proceed with the trial from where it had stopped. The court further clarified that the accused is entitled to raise the issue of the validity of sanction during the final stage of trial arguments.

The judgment also cited the legal maxim "nemo debet bis vexari pro una et eadem causa" (No one ought to be vexed twice for the same cause), emphasizing that if the sanction is found to be invalid, the trial court can discharge the accused and relegate the parties to a stage where a valid sanction can be granted for prosecution in accordance with the law.

Date of Decision: 03-08-2023

STATE OF KARNATAKA LOKAYUKTA POLICE  vs SUBBEGOWDA   

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/08/03-Aug-2023_STATE-OF-KARNATAKA-LOKAYUKTA_VS_S.Subbegowda.pdf"]

Latest Legal News