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2013 (10) TMI 1428 - SC - Indian LawsPrivate complaint under Section 200 of Cr.P.C - Investigation u/s 156(3) CrPC by the Deputy Superintendent of Police - Non-production of a valid sanction order u/ 19 of the Prevention of Corruption Act, 1988 - HELD THAT:- the law on the issue of sanction can be summarized to the effect that the question of sanction is of paramount importance for protecting a public servant who has acted in good faith while performing his duty. In order that the public servant may not be unnecessarily harassed on a complaint of an unscrupulous person, it is obligatory on the part of the executive authority to protect him. If the law requires sanction, and the court proceeds against a public servant without sanction, the public servant has a right to raise the issue of jurisdiction as the entire action may be rendered void ab-initio. Decision in the case of Subramanium Swamy v. Manmohan Singh and another[2012 (2) TMI 140 SUPREME COURT] and STATE OF U.P. VERSUS PARAS NATH SINGH [2009 (5) TMI 973 - SUPREME COURT] followed. In the result the principles laid down by the Court in the above referred judgments apply to the facts of the present case. Therefore, no error was found in the order passed by the High Court. The appeals lack merit and are accordingly dismissed.
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