Examination of Witness -- Sanction Under PC Act -- High Court cannot direct examination of sanctioning authority before framing of charge
(i) Criminal Procedure Code, 1973, S.311 -- Examination of Witness -- Sanction Under PC Act -- A High Court exercising jurisdiction under Article 226 cannot direct trial courts to examine the sanctioning authority before framing of charge or commencement of trial. This provision occurs among general provisions as to inquiries and trials and cannot be used to introduce a new procedural stage in the conduct of trial that is not provided for in the Code. (ii) Prevention of Corruption Act, 1988, S.19 -- Sanction for Prosecution -- Validity of Sanction -- The validity of a sanction for prosecution goes to the root of the case, but examination of the sanctioning authority on this question must follow the trial procedure prescribed by the Code and cannot be made a mandatory pre-charge step by judicial direction.
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