Supreme Court sets aside High Court order which invoked Section 482 CrPC to quash trial: Whether sanction granted by competent authority matter of evidence under PC Act

Further, the explanation to sub-section (4) provides that for the purpose of Section 19, error includes 'competency of the authority to grant sanction'.

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The Supreme Court in the case The State of Punjab v. Hari Kesh observed and has set aside the High Court order, wherein the court quashed the proceedings initiated in exercise of powers under Section 482 of Code of Criminal Procedure, CrPC.

The question raised before the court is that whether sanction for prosecution under the Prevention of Corruption Act, 1988, PC Act was granted by a competent authority is a matter of evidence.

The court in the case reiterated that a sanction order cannot be quashed which being on the ground of incompetence of the authority to grant sanction unless it is found that failure of justice has occurred due to the irregularity in granting sanction.

The bench comprising of Justice Bela M Trivedi and Justice Prasanna B Varale was hearing the present matter.