MOHAMED ASIF Vs. STATE

JUDGEMENT

(1.) THIS is an application filed by the petitioner of 4th accused to stay all further proceedings in C.C.No.4/97 on the file of XIII Additional Judge, City Civil Court (Special Judge), Madras pending disposal of Crl.R.C.No.952 of 1997.

(2.) THE learned counsel for the petitioner contended that the petitioner of 4th accused was a public servant on the date of taking cognisance of the case by the Special Judge, and the Court should not have taken cognisance of the offences for want of previous sanction under Section 19 of the Prevention of Corruption Act of 1988, and in these circumstances all the proceedings in C.C.No.4 of 1997 on the file of XIII Additional Judge, City Civil Court (Special Judge) at Madras should be stayed pending disposal of Crl. Revision Case No.952 of 1997.

(3.) HOWEVER Section 19(3)(b) categorically states that no Court shall stay the proceedings under this Act on the ground of any omission in the sanction granted by the authorities unless it is satisfied that such omission has resulted in the failure of justice. The omission to get previous sanction under Section 19(1) of Prevention of Corruption Act of 1988 will not be a ground to stay the proceedings under this Act. The further condition is that such omission must have resulted in failure of justice. It is not the case of the petitioner in this stay petition that such omission has resulted in failure of justice. Therefore the proceedings in this case cannot be stayed for want of sanction or omission to get sanction.