For Respondent : Mr.R.Sankara Narayanan
Senior Counsel
Special Counsel for CBI
&
Mr. K.Srinivasan
Senior Counsel
Special Public Prosecutor for CBI Assisted by Ms.Vrinda Ramesh (in both petitions)
C O M M O N O R D E R
Challenging the order passed by the learned II Additional”
https://sekarreporter.com/justice-vivek-kumar-sing-full-order-for-the-foregoing-reasons-and-in-the-light-of-the-decisions-of-the-honble-supreme-court-and-various-decisions-of-the-high-courts-as-stated-supra-the-impugne/#:~:text=Petitioner%20%3A%20Mr.C,learned%20II%20Additional
[08/06, 07:52] sekarreporter1: [08/06, 07:45] sekarreporter1: https://x.com/sekarreporter1/status/1799263953157296455?t=lD-fr-nPEL3hpESbznKPXg&s=08
[08/06, 07:45] sekarreporter1: Senior Counsel
Special Counsel for CBI
&
Mr. K.Srinivasan
Senior Counsel
Special Public Prosecutor for CBI Assisted by Ms.Vrinda Ramesh (in both petitions)
C O M M O N O R D E R
Challenging the order passed by the learned II Additional”
https://sekarreporter.com/justice-vivek-kumar-sing-full-order-for-the-foregoing-reasons-and-in-the-light-of-the-decisions-of-the-honble-supreme-court-and-various-decisions-of-the-high-courts-as-stated-supra-the-impugne/#:~:text=Petitioner%20%3A%20Mr.C,learned%20II%20Additional
[08/06, 07:46] sekarreporter1: Police officer pramoth Kumar discharged in pasi finance case
[08/06, 07:52] sekarreporter1: [08/06, 07:45] sekarreporter1: https://x.com/sekarreporter1/status/1799263302021009750?t=OUMBbiKE1M8JqT5s9PafnQ&s=08
[08/06, 07:48] sekarreporter1: “the learned Senior counsel raised the following points for consideration of the revision
petitions:
5.21.1) Sanction for prosecution granted under Section 19(2) of the PC Act and Section 197(1)(b) of Cr.P.C., suffers from severe non application of mind as even a prima facie reading of the charge sheet would show that no case under the offences are made out as
against the petitioner.
5.21.2) Section 8 and 10 of PC Act reads as follows:
8.Offence relating to bribing of a public servant.
(1)Any person who gives or promises to give an undue advantage to another person or persons, with intention-
i)to induce a public servant to perform
improperly a public duty; or ii)to reward such public servant for the improper performance of public duty; shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both:
Provided that the provisions of this section shall not apply where a person is compelled to give such undue advantage:
Provided further that the person so compelled shall report the matter to the law enforcement authority or investigating agency within a period of seven days from the date of giving such undue advantage:
Provided also that when the offence under this section has been committed by commercial organisation, such commercial organisation shall be punishable with fine.
Illustration. – A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand rupees to ensure that he is granted a license, over all the other bidders. ‘P’ is guilty of an offence under this sub-section.
Explanation. – It shall be immaterial whether the person to whom an undue advantage is given or promised to be given is the same person as the person who is to perform, or has performed, the public duty concerned and it shall also be immaterial whether such undue advantage is given or promised to be given by the person directly or through a third party.”
https://sekarreporter.com/justice-vivek-kumar-sing-full-order-for-the-foregoing-reasons-and-in-the-light-of-the-decisions-of-the-honble-supreme-court-and-various-decisions-of-the-high-courts-as-stated-supra-the-impugne/#:~:text=the%20learned%20Senior%20counsel%20raised,or%20through%20a%20third%20party.