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State v. Syed Shaikoya

  • Order

Code of Criminal Procedure, 1973 Ss. 197 & 239 Prevention of Corruption Act, 1988 – Ss. 7, 12 & 13(1)(d) r/w. 13(2) Penal Code, 1860 – Ss. 468, 471, 420 & 120B – The Directorate of Education of the Union Territory of Lakshadweep had directed to supply, free of cost, ready-made uniforms to the school children for the academic year 2005-06 Allegation against accused 4 and 8 is that they blindly accepted the certificate issued by Accused No.9 without conducting inspection of the uniform materials and consequently, sub-standard materials happened to be purchased The prosecution has no case that accused 4 and 8 were experts in the field to assess the quality of dress materials When accused 4 and 8 agreed with the report given by the expert member, it cannot be found that their act had no reasonable connection with their official duties. Therefore, it was necessary to obtain sanction under Section 197 of the Code for prosecution against them. Cognizance of the offences taken against them, without such sanction, was bad in law.

Citations : 2021 (5) KCC 9