State Of Punjab vs Hari Kesh 2025 INSC 50 – S 482 CrPC – S 19 PC Act – Sanction Order Quashing

Code of Criminal Procedure 1973 – Section 482 – Prevention of Corruption Act, 1988- Section 19 – High Court quashed Sanction Order – Allowing Appeal, SC observed: Whether the Sanction has been granted by the competent authority or not, would be a matter of evidence. Further, as per the Explanation to sub-section (4), for the purpose of Section 19, error includes “competency of the authority to grant Sanction.”- High Court should not have quashed the Sanction Order and the consequent proceedings, unless it was satisfied that the failure of justice had occurred by such error or irregularity or invalidity. There is not a whisper in the impugned order about any failure of justice having occurred on account of the impugned Sanction Order. The High Court also should not have entertained the petition for quashing the Sanction Order when the prosecution had already examined seven witnesses- Referred to State of Karnataka, Lokayukta Police Versus S. Subbegowda. (Para 8)